Court Rejects “Jewish, Zionist” Teachers’ and Parents’ Lawsuit Over Allegedly Anti-Capitalist and Anti-Zionist School Curriculum
The court rejects plaintiffs’ claims on various grounds, which it discusses in too much detail to render here. But here’s a good big-picture summary of a key part of the court’s concerns:
[B]eyond the particular, claim-specific failures outlined above, it must also be noted that significant First Amendment concerns underlie plaintiffs’ claims and requested relief. In effect, plaintiffs seek to litigate the propriety and legality of a potential curriculum with which they disagree. Their claims thus conflict with the First Amendment in several respects, and are largely barred on that basis as well.
First, plaintiffs’ claims directly implicate the First Amendment rights of the non-District defendants. Plaintiffs take issue with the non-District defendants’ forms of discussion, expression, and petitioning in relation to the challenged curriculum. Notwithstanding plaintiffs’ insistence and disclaimers that they challenge only publicly-funded government activities, plaintiffs seek to have this court impose restrictions on the non-District defendants’ protected speech. (See, e.g., id., Prayer for Relief at ¶ 6) (requesting an injunction “prohibiting all Defendants from using the elements of the LESMC at issue in this case … in any training sessions funded by public funds, or for which salary points are awarded by LAUSD”). In particular, plaintiffs seek to have the court suppress any speech by the non-District defendants in teacher-training sessions that might involve the use of “elements” of the challenged curriculum.
