MIDLAND, Mich. — A Michigan mom who was reported to the Department of Justice after speaking out on behalf of her son at school board meetings will continue the legal battle to ensure other parents don’t face similar retaliation.

The U.S. District Court for the Eastern District of Michigan ruled Monday that Sandra Hernden suffered only “minor harassment” from a school board member. Hernden, represented by the Mackinac Center for Public Policy, has filed an appeal to the U.S. Court of Appeals for the Sixth Circuit challenging that decision.

Hernden, a police officer and mother of three, faced retaliation after taking a stand against Chippewa Valley School’s COVID-19 remote learning policies. When the district went fully virtual in the spring of 2020, she saw the toll it took on her son, who has a learning disability. When the district announced it would not be returning to in-person instruction for the 2020-21 school year, Hernden began to speak out at school board meetings.

One board member ended up contacting Hernden’s employer, accusing her of “veiled racism” and of behavior that was unbecoming of a police officer. An internal investigation cleared Hernden of any wrongdoing. Later, the president of the school board reported her to the Department of Justice just one day after U.S. Attorney General Merrick Garland issued a memorandum about investigating parents who attend school board meetings.

“Harassment is harassment,” said Sandra Hernden. “Parents know what’s best for their children, yet this decision undermines our ability as parents to advocate for our children and their education. It’s disheartening to see that the government views parents as obstacles, not as allies. This decision is a travesty of justice and has failed every child and their families. I will continue fighting to ensure that no other parent faces intimidation or retaliation for simply advocating for their child.”

The court found that Hernden had been harassed by a school board member for exercising her free speech but that it had only been “minor harassment,” since she did not lose her job as a result. Because Hernden continued speaking up at school board meetings, the judge claimed she wasn’t sufficiently intimidated.

“Parents who challenge government overreach shouldn’t have to fear a knock on their door by law enforcement,” said Steve Delie, an attorney with the Mackinac Center. “The First Amendment prohibits government officials from bullying citizens who disagree with them into silence. We look forward to arguing this case on appeal so that our client can get the apology she rightly deserves.”

Learn more about the case here.