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Wisconsin mother prevails in appeals court free speech case regarding ‘woke’ school comments

Wisconsin mother prevails in appeals court free speech case regarding 'woke' school comments

Wisconsin Mother Wins Free Speech Lawsuit

A mother in Wisconsin, who also serves as a conservative activist, has emerged victorious in a free speech lawsuit initiated against her. The case arose after she was sued for defamation regarding her social media remarks that took aim at what she deemed the school district’s “woke” initiatives.

Scarlett Johnson, who heads the Wisconsin chapter of Moms for Liberty, faced legal action from Mary McCadden, a former English teacher and social justice coordinator for the Mequon-Thiensville School District. This lawsuit followed Johnson’s critical posts made in October 2022.

In one of her posts, Johnson shared a screenshot of McCadden’s LinkedIn profile, questioning why taxpayers were funding a position like “social justice coordinator.” She went on to express her frustrations, mentioning, “White women with god complexes, please wake up more. Thank you, white saviors.”

Johnson also characterized DEI advocates as “woke lunatics” and “bullies” for allegedly pressuring parents into silence and submission.

McCadden’s defamation lawsuit, filed the same year, progressed in the circuit court but was contested by Johnson and her legal team from the Wisconsin Institute for Law and Liberty (WILL). Their argument was centered around the notion that Johnson’s comments were typical social media opinions safeguarded by the First Amendment.

Recently, the Wisconsin Court of Appeals sided with Johnson, concluding that her statements could not be deemed defamatory since they reflected personal opinions rather than factual claims. The court expressed, “We conclude that Johnson’s statements are not defamatory. We therefore remand the case to the circuit court for summary judgment in Johnson’s favor.”

Interestingly, the court found terms like “bully” and “lunatic” to be inherently subjective. Meanwhile, descriptors like “woke,” “white savior,” and “God complex” were criticized as vague and lacking precise meaning.

It’s noteworthy that one judge voiced disagreement, suggesting that identifying McCadden by name in the posts might imply undisclosed facts worthy of jury consideration.

Johnson expressed her belief that the lawsuit was an attempt to silence her and other parents who are critical of DEI programs. She recalled being targeted by a similar defamation claim right before the 2021 school board election, implying it was politically motivated to intimidate her.

Reflecting on the verdict, Johnson emphasized the importance of standing her ground, stating, “I felt like I had to fight back in this case. It can’t be like any other case.” She hopes this ruling emboldens other parents to voice their concerns regarding “extreme ideology” in schools without the looming threat of legal repercussions.

The outcome of this case might set a legal precedent, allowing parents to express their truths about school matters with greater confidence, as she noted, “Parents everywhere can tell the truth about what’s going on in their schools with a little less fear of being dragged into court over frivolous lawsuits.”

Luke Berg, a deputy prosecutor with WILL, praised the court’s decision, stating that it’s essential for individuals to be able to question and critique government actions. He added that the defamation case was baseless and should have been dismissed from the start.

Fox News Digital attempted to reach McCadden’s attorney for comments but did not receive a response.

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