VICTORY: New Jersey drops complaint against school board member targeted for asking constituents about taxes

ALLOWAY TOWNSHIP, N.J., Oct. 13, 2026 — A New Jersey agency that investigated a grandmother serving on her township’s school board for asking her constituents questions on social media has backed down after legal pressure from the Foundation for Individual Rights and Expression.

The decision by the state School Ethics Commission to dismiss as unfounded a long-pending complaint against Gail Nazarene ends a nearly year-long legal saga, though the School Ethics Act that chilled her speech remains on the books. In November 2025, Gail and FIRE sued the commissioner of New Jersey’s Department of Education and members of the state’s School Ethics Commission to challenge the law. 

“I’m excited to continue my work as a school board member, without this complaint hanging over my head,” said Gail. “The First Amendment clearly protects my right to connect directly with my constituents about important issues, and I am looking forward to freely exercising that right again. My hope is the state and local school boards now understand the need to engage citizens so all decisions align with the community at large and not just a few.”

COURTESY PHOTOS OF GAIL NAZARENE

In April 2025, Gail discussed tax increases and other school issues with constituents on Facebook. In one post, she asked, “As a resident of Alloway, I am wondering what other residents think about a 9-15% school tax increase?” She clarified in her later posts that she was asking in her personal capacity. But another school board member saw the posts and filed a complaint against her, alleging Gail had violated New Jersey’s School Ethics Act because her posts somehow spoke on the board’s behalf. 

The state broadly interprets the School Ethics Act so that it can bar elected officials from discussing school-related issues on social media. But the First Amendment protects Gail’s right to speak freely on such issues. 

Although a federal district court dismissed Gail’s First Amendment lawsuit, the commission dropped the ethics complaint immediately afterward. Gail’s lawsuit also helped spur legislation introduced by state Sen. Declan O’Scanlon that would end New Jersey’s gag on school board members like Gail by clarifying that the School Ethics Act cannot be used to prohibit a board member from speaking about school-related matters.

“New Jersey did the right thing this time, and we are grateful Gail’s case brought more attention to the First Amendment rights of school board members,” said FIRE Senior Attorney Greg Greubel. “But this attack on Gail’s free speech rights never should’ve happened in the first place. FIRE will be paying close attention to what New Jersey does next. If we get wind of another ethics complaint being used as censorship, we are not afraid to sue again.”

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT
Katie Stalcup, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org