LAWSUIT: New Jersey school board member silenced for asking constituents about a proposed tax increase

ALLOWAY TOWNSHIP, N.J., Nov. 20, 2025 — A local school board member’s Facebook post to community members about a tax hike should have started a conversation — instead, it led to censorship.

The Foundation for Individual Rights and Expression is suing the commissioner of New Jersey’s Department of Education and members of the state’s School Ethics Commission to stop them from abusing a law to chill the speech of an elected school board member who used social media to seek her constituents’ input. 

“I didn’t join the school board to be told to shut up,” said Gail Nazarene, an elected school board member, Navy veteran, and grandma in Alloway Township. “New Jersey officials claim the authority to punish me simply for asking folks questions about important issues, particularly when it affects their wallets. I should be free to communicate with constituents and get their views without being censored by state officials.”

COURTESY PHOTOS OF GAIL NAZARENE

In April, Gail used Facebook to discuss tax increases and other school issues with constituents. 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, claiming Gail had violated New Jersey’s School Ethics Act because she allegedly had spoken on the board’s behalf. The complaint is pending before the state’s School Ethics Commission. 

“Americans deserve to know what their elected officials think about important issues,” said FIRE attorney Daniel Zahn. “New Jersey is muzzling elected officials and preventing them from talking with their community, the very people they were elected to represent.”

The state broadly interprets the School Ethics Act to bar elected officials from discussing issues relating to schools on social media. And this isn’t the first time it’s done so. The School Ethics Commission has previously warned elected officials against engaging with constituents on social media and previously interpreted the act to prevent elected school board members from discussing matters of public concern on social media and in op-eds. 

But the First Amendment protects Gail’s right to speak freely on such issues. 

Gail has stopped soliciting constituent feedback online. She fears any posts about school board issues will lead to punishment, including reprimand, censure, suspension, or removal. But she also is concerned about the loss of First Amendment freedoms for her and her constituents. 

“When the state silences school board members, parents and taxpayers are kept in the dark,” said FIRE attorney Greg Greubel. “The School Ethics Act can’t be turned into an unconstitutional gag rule.”

Today’s federal lawsuit asks the court to declare New Jersey’s School Ethics Act unconstitutional as interpreted by the state and stop its use against elected officials speaking out about public issues. 

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