On February 19, 2026, New York Attorney General Letitia James and Education Commissioner Betty A. Rosa issued a guidance letter regarding harassment and bullying at school board meetings, which has raised concerns about free speech.
• The guidance warns school boards against allowing public questioning of transgender policies or supporting sex-segregated sports, claiming that such actions could lead to board members' removal.
• Misgendering students or making comments perceived as discriminatory could expose school districts to legal liability.
• The letter implies that school board meetings are not appropriate venues for discussing personal or political grievances opposing the rights of LGBTQ+ students.
• The guidance states that any statements undermining the identities of transgender students, including misgendering, may harm them and are discouraged.
• Critics argue this represents a significant infringement on free speech, comparing it to claims that former President Trump threatened democratic norms.
• The commentary questions the implications of this guidance for freedom of expression, suggesting that it undermines the First Amendment rights in New York.
The letter issued by NY AG Letitia James serves as a warning to school boards about public discussions on gender identity and related issues, raising concerns about freedom of expression and potential legal ramifications for school districts. Critics view this as a troubling step towards limiting free speech in public forums.
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