Will Appeals Court Ruling impact Rochester School District?

Rochester, MN (KROC-AM News) - A three-judge panel of a federal appeals court has ruled against a Minnesota school district in a decision that could impact numerous other public school systems throughout the state.

The decision handed down Wednesday by the 8th US Circuit Court of Appeals found that Independent School District 194 in Lakeville violated the First Amendment to the US Constitution when it enacted a policy in 2020 that endorsed the phrase "Black Lives Matter" as Government Speech while rejecting requests by other community members to permit posters and shirts bearing the phrases "All Lives Matter" and "Blue Lives Matter." The policy was enacted in the aftermath of the death of George Floyd and the rioting that followed in the Twin Cities and elsewhere in the US.

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According to court documents, the Lakeville School District rejected citizen requests for permission to allow the "All Lives Matter" and "Blue Lives Matter" mottos because they were "created specifically in opposition to Black Lives Matter" and that those messages "effectively discount the struggle the Black students I faced in our school buildings and that Black individuals face in our society as a whole." The school district also noted that the Black Lives Matter posters were requested by staff and families in the school community.

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In its ruling striking down the school district policy, the Federal Appeals Court found the Lakeville School District's decision to endorse Black Lives Matter as Government Speech was largely directed by private citizens and that runs afoul of a previous Supreme Court ruling that found private speech cannot be passed off as government speech "by simply affixing a government seal of approval."

8th US Circuit Court of Appeals

The appeals court also found the Lakeville School District, by allowing private persons to display BLM posters on school walls, created a limited public forum, which then barred the school system from discriminating against speech on the basis of its viewpoint. According to the ruling, the district's rejection of the phrases "All Lives Matter" and "Blue Lives Matter" because they were created specifically in opposition to Black Lives Matter opened the door to the First Amendment violation claim.

Kim David TSM

The Rochester School District is among those throughout the state that have adopted similar resolutions. Three years ago, the Rochester School Board approved a resolution supporting equity for historically underserved/marginalized students and adopting Government Speech in support of the same. The resolution listed Black Lives Matter, Brown Lives Matter, Indigenous Lives Matter, All Are Welcome Here, and Stop Asian Hate as official government speech.

The Rochester School District resolution also states that "the adoption of this government speech is not to be construed as an endorsement of any specific policy objectives that may be advanced by other organizations using the same or similar messaging.

When contacted for a response concerning the Federal Appeals Court ruling, a spokesperson for the Rochester Public Schools indicated they had not had time to review the ruling and have no comment at this time.

Timeline: George Floyd's Death, Protests, Riots, Arrests, and Chauvin Trial

It was late afternoon on Memorial Day, 2020 and many Minnesotans had observed the normally active weekend hunkered down because of the growing pandemic.

George Floyd drove to a grocery store in Minneapolis and bought some cigarettes. He was accused by employees of making the purchase with a counterfeit $20 bill and police were called. Floyd was still there in his vehicle when two officers arrived. About 10 minutes later, Chauvin and another officer showed up and the situation began to escalate. Chauvin began kneeling on Floyd's neck as he was facedown on the street. Despite repeated pleas from Floyd and a growing crowd of bystanders to remove his knee, Chauvin continued as if frozen in position with no facial expression.

After more than 8 minutes, Chauvin finally stood up and Floyd had become unresponsive. An ambulance was called and a short while later, it was reported Floyd was dead.

A video of the incident slowly spread on social media around the state, the country and the world. Viewers literally watched a man slowly die, repeating "I can't breathe."

The now historic response began the following day.

Gallery Credit: Kim David