Patti Menders v. Loudoun County School Board, No. 22-1168 (4th Cir. 2023)
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The Loudoun County Public Schools (the “LCPS”) developed and implemented a “Student Equity Ambassador Program” “to amplify the voices of Students of Color and those who have experienced or witnessed injustices, marginalization, or discrimination.” In response, the parents of several children who attend the LCPS sued the Loudoun County School Board (the “School Board”) on behalf of their minor children, asserting
Equal Protection and First Amendment claims, claiming their children are not eligible for the Program due to their race or viewpoint.
The district court granted the School Board's motion to dismiss and the parents appealed.
On appeal, the Fourth Circuit held that the parents did not have standing to challenge the Student Equity Ambassador Program because their children did not apply for the program or even express an interest in applying. However, the court also held that the parents plausibly alleged that implementing the Program chilled their children’s speech to support their First Amendment claims. Thus, the court vacated the district court's ruling on the parents' First Amendment claims.
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