PITTSVILLE, Wis. (WSAW) – The lawyer for a Pittsville family is asking the Pittsville School District to drop threats of a defamation lawsuit over a viral TikTok video.
The video, taken during a 2023 choir concert, shows a student in a wheelchair positioned off to the side from her other classmates. The school district says the video led to safety concerns for students and staff.
Amanda Vogel, the mother who posted the TikTok of her daughter’s choir concert, captioned part of the video: “This was the moment we decided to homeschool.” Vogel said a solution would have been a row on the floor with her daughter, and that inclusion matters.
First Amendment case
Cory Brewer from the Wisconsin Institute for Law and Liberty (WILL) is representing Vogel.
“Our client is free to continue speaking about the issue of inclusion. The reason why WILL got involved was because this is a First Amendment case,” Brewer said.
Brewer said the school district is a public entity, which doesn’t have the same First Amendment rights as citizens, and cannot sue for defamation.
“This is protected speech. She has a First Amendment right to raise these concerns. She didn’t say anything that was untrue, defamatory, harassing in her post,” Brewer said. Adding parents have a right to advocate for their children and criticize government entities.
“And, honestly, I’m upset with what I saw in the video, but I’m even more bothered by the fact that the school thought that they could force her to take it down through intimidation,” Brewer said.
Police visits and cease and desist
“If I were in their shoes, I wouldn’t have shown up at her home at all. And the problem here is that the school incited this response. Police shouldn’t be showing up at people’s homes for things they post on social media, especially when they’re not threatening,” Brewer said.
A Pittsville police officer requested Vogel take down the video. According to the police report from Pittsville P.D., the officer told Vogel she wasn’t being asked to take it down because of her First Amendment rights, but because of school safety concerns.
Vogel did take it down for a short time, then put it up again. During a second police visit, Vogel was told the school would be sending a cease and desist letter, accusing Vogel of defamation.
“Government entities should not be undergoing actions that chill speech or pressure individuals to stop speaking,” Brewer said. The district has until January 26 to respond to Brewer’s request to drop the threat of defamation.
District response
The Pittsville School District declined to speak with NewsChannel7 because of concerns about safety and the possibility of a lawsuit. Instead, they referred to a statement made on their Facebook.
In it, District Administrator Jason Knott said in part, “The School District of Pittsville was disappointed to learn that a parent is using social media in a manner that we believe negatively impacts the district, staff, and students.”
Knott added that the district will reiterate its commitment and vision to help students reach their full potential.
“The district’s mission is to collaborate with families and the community to foster a love of learning, strengthen and expand partnerships, and provide innovative opportunities for all. The district says it disagrees with many of the statements and allegations presented online,” said Knott.
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