Gail Nazarene, an elected member of the Alloway Township Board of Education, has filed a civil rights complaint against the New Jersey Department of Education and its School Ethics Commission. The lawsuit, submitted on November 20, 2025, in the United States District Court for the District of New Jersey, accuses Commissioner Kevin Dehmer and several commission members of infringing upon her First Amendment rights. Nazarene contends that state interpretations of the School Ethics Act have effectively silenced her ability to communicate with constituents on social media about critical school district issues.
The complaint highlights Nazarene’s struggle to engage with her community since being elected in February 2025. She argues that New Jersey’s interpretation of the School Ethics Act prevents school board members from discussing school-related matters publicly or online, even when speaking in a personal capacity. This interpretation is seen as a violation of her constitutional right to free speech. “The manifest function of the First Amendment in a representative government requires that legislators be given the widest latitude to express their views on issues of policy,” she cites from Bond v. Floyd.
Nazarene seeks declaratory and injunctive relief from what she describes as unconstitutional enforcement actions by state officials. Her complaint outlines how these restrictions have not only chilled her speech but also threatened potential sanctions like reprimand or removal from office if she continues engaging with constituents online. Despite using disclaimers clarifying her personal capacity in communications, Nazarene has faced warnings and complaints for soliciting public opinion on issues such as tax increases and school budgets.
The plaintiff requests that the court declare these interpretations unlawful under the First Amendment and enjoin state officials from enforcing them against her or other elected representatives. Additionally, she seeks reasonable attorney fees and costs under applicable laws like 42 U.S.C. § 1988.
Representing Gail Nazarene are attorneys Greg Harold Greubel and Daniel A. Zahn from the Foundation for Individual Rights and Expression (FIRE). The case is presided over by judges at the United States District Court for the District of New Jersey under Case ID 1:25-cv-17770.
Source: 125cv17770_Nazarene_v_Dehmer_Complaint_District_New_Jersey.pdf
