Today, the U.S. 8th Circuit Court of Appeals reversed a lower court decision and ruled in favor of Pollyann Sorcan, a school board member who was unlawfully censured and removed from committee assignments for expressing views that district officials opposed. The ruling holds that local officials and school districts cannot dodge accountability for violating fellow board members’ First Amendment rights.
Sorcan, who has served on the Rock Ridge School Board (Independent School District No. 2909) and its predecessor districts for over 20 years, was censured in 2021 after questioning board policies and decisions, raising concerns about school finances, and speaking up for community free speech. The board punished her speech by removing her from all committee assignments, effectively silencing her voice in key decision-making processes. With legal representation from the Upper Midwest Law Center (UMLC), Sorcan filed a 42 U.S.C. § 1983 lawsuit challenging the district’s actions as unconstitutional retaliation. After an initial dismissal by the district court, the 8th Circuit Court of Appeals reversed that decision, allowing Sorcan’s case to move forward.
“This ruling is a decisive win for free speech and a clear warning to government officials who think they can silence fellow elected representatives for expressing dissent,” said James Dickey, Senior Counsel at UMLC. “The 8th Circuit has reaffirmed that school districts and local officials cannot dodge accountability for retaliating against protected speech. We look forward to continuing this fight for Pollyann Sorcan’s First Amendment rights.”
“I stood up for what I believed was right, and the school board tried to punish me for it. I’m grateful for this victory at this stage—not just for myself, but for everyone who believes in holding our institutions accountable. I look forward to winning the case,” said Pollyann Sorcan.
The case will now return to the district court for further proceedings. UMLC remains committed to defending free speech and ensuring that elected officials can serve their communities without fear of unconstitutional retaliation.
Click here to view the decision by the U.S. 8th Circuit Court of Appeals.
