Washington D.C. – Newly uncovered documents by the conservative legal group America First Legal (AFL) suggest the Biden administration actively pushed for federal intervention against parents protesting at school board meetings, despite internal Department of Justice (DOJ) concerns regarding the legality and constitutional protections of their speech. The revelations indicate a coordinated effort between the White House and the DOJ concerning the controversial designation of parents as potential "domestic terrorists."
The findings, highlighted by America First Legal, allege that the Biden administration sought to target dissenting parents, even as its own DOJ lawyers expressed reservations about the lack of a "federal hook" for such actions. One internal DOJ email, dated October 3, 2021, noted, "almost all of the language being used is protected by the First Amendment," indicating significant internal dissent.
This development follows a September 29, 2021, letter from the National School Boards Association (NSBA) to President Biden, which characterized threats against school officials as potentially equivalent to "a form of domestic terrorism or hate crimes." The NSBA letter urged the administration to use federal tools, including the PATRIOT Act, to address these concerns. Attorney General Merrick Garland subsequently issued a memo on October 4, 2021, directing the FBI to address threats against school officials, though he later denied labeling parents as domestic terrorists.
The documents unearthed by AFL, and widely reported, contradict Garland's previous assertions of DOJ independence, showing that White House officials were in communication with the NSBA prior to their letter and that the administration was actively seeking ways to address the issue. The NSBA later apologized for and retracted the "domestic terrorism" language in its letter following widespread backlash from parents, state school board associations, and Republican lawmakers.
The controversy stems from a period in late 2021 when parental protests at school board meetings across the country escalated, primarily over issues such as COVID-19 mask mandates, critical race theory, and gender identity policies in schools. Critics argued that the administration's actions were an attempt to silence constitutionally protected speech and intimidate parents. This ongoing debate continues to fuel concerns about government overreach and the protection of First Amendment rights.