The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today welcomed a federal judge’s decision that allows a lawsuit against a Maryland school district for violating a teacher’s free speech on the issue of Palestine to proceed.
A federal court in Maryland allowed the CAIR Legal Defense Fund lawsuit on behalf of teacher Hiba Sayed against the Montgomery County Public Schools (MCPS) to proceed after MCPS’s attempt to dismiss the case.
The lawsuit was filed after Sligo Middle School prohibited teachers from displaying the Palestinian flag but allowed the display of other flags, including that of Israel. The teacher was also prohibited from wearing a Palestinian scarf (keffiyeh) or a sweatshirt honoring a Palestinian child murdered by Israel. Other political flags and political messages were allowed by the school.
In a statement, CAIR Staff Attorney Ahmad Kaki said:
“This ruling is an important victory for the First Amendment and for the principle that government officials may not silence speech simply because they disagree with a particular viewpoint. Ms. Sayed was singled out for merely acknowledging the existence of Palestine through a flag. We look forward to continuing this case and seeking accountability for this unconstitutional censorship.
“Public school teachers do not surrender their constitutional rights at the schoolhouse gate. Government officials cannot selectively suppress speech about Palestine while allowing other viewpoints to be expressed.”
“We welcome this important decision allowing Ms. Sayed’s lawsuit to move forward,” said CAIR’s Maryland Director Zainab Chaudry. “Public schools cannot treat Palestine-related expression as uniquely punishable while allowing other political, cultural, or humanitarian messages. The First Amendment does not contain a Palestine exception. No educator should be singled out, threatened, or silenced simply for acknowledging Palestinian identity, culture, or humanity. This case has significant implications for teachers, students, and public employees across the country who have faced selective censorship of Palestine-related speech.”
BACKGROUNDER:
Hibah Sayed, a teacher at Sligo Middle School in MCPS, posted the flags of several countries on her classroom door, including flag of Palestine. The Palestine flag was removed from her door and the principal at Sligo told Sayed that she was allowed to keep any flag on her door except the Palestine flag. If she put up the Palestine flag alongside the other flags, she would be punished.
What followed next was a targeted and discriminatory censorship campaign. Sligo prohibited Sayed from wearing a keffiyeh, or Palestinian scarf, that she had worn many times in the past, then prohibited her from wearing a sweatshirt that commemorated Reem Nabhan, a child murdered by Israel in Gaza.
Finally, Sligo included a provision in Sayed’s work contract that prohibited her from referencing Palestine in any way at any time. Sligo imposed these restrictions despite allowing teachers to display political messages of all types through their attire and classroom decorations.
The court held that Sayed plausibly alleged that MCPS violated her First Amendment rights because it regulated Sayed’s attire and other displays without regulating other similar means of political expression. It further held that MCPS’ blanket prohibition over sharing any message related to Palestine at any time likely violates the First Amendment. This holding may have significant implications across the country, where state actors like schools have singled out Palestine-related expression for punishment and restrictions.
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: CAIR National Staff Attorney Ahmad Kaki 202-640-4935, akaki@cair.com; CAIR Maryland Director Zainab Chaudry, zchaudry@cair.com, 410-971-6062; CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, e-Mitchell@cair.com; CAIR Government Affairs Director Robert McCaw, 202-742-6448, rmccaw@cair.com; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com; CAIR National Communications Manager Ismail Allison, 202-770-6280, iallison@cair.com