A parent who was sued in federal court by a Deerfield High School teacher over social media comments had the lawsuit against her dismissed, with attorneys saying the resolution sends a “powerful message” for constitutional rights.
Deerfield High School teacher Britnee Kenyon filed a lawsuit in U.S. District Court in Chicago in October 2024 against Township High School District 113 parent Michelle Bernstein, the Board of Education of Township High School District 113 and then-Township High School District 113 Board President Daniel Struck.
The lawsuit came after Kenyon, the theatre director, reposted three statements on her Instagram story in December 2023 from the author Ibram X. Kendi, who offered an opinion on Israel’s response to the attacks that took place in Israel in October 2023, court documents show.
The posts accused the Israeli military of committing a “crime against humanity” and a “crime against history,” as well as “ethnic[] cleans[ing]” and “attempts to wipe a people off the face of the earth.”
Bernstein learned about the post, which circulated on social media among those in the Deerfield High School community, and believed it to be antisemitic.
Bernstein shared Kenyon’s post in a school parent group, saying that Kenyon’s post “slander[ed] the IDF and Israel” while encouraging parents to contact school officials “if you agree,” according to court documents.
Struck, the board president, issued a statement to the Highland Park-based District 113 community saying it had come to the district’s attention that a staff member made a post on a personal social media page that “implicitly disparages the personal beliefs and human decency of a substantial portion of our student body.”
“The staff member has taken down the post. While we cannot comment on the status of ongoing personnel matters, we are taking this very seriously. We will not tolerate statements and actions that cause harm to our students,” Struck said in the statement.
“We live in a time when statements about current events are judged to determine on whose side the speaker is. As a school district, we are on the side of protecting all our students and abiding by the highest standards of conduct to create a school environment that nurtures and provides a safe and secure place to develop the unique talents of all our students, which is especially important now,” he added.
Kenyon received a written reprimand from the school board for her conduct in January 2024, leading Bernstein to continue speaking out on social media about Kenyon, court documents said.
Struck resigned in February 2024 and Kenyon filed the lawsuit months later — first in Lake County and then in federal court — against the three defendants, alleging defamation, false light and tortious interference.
Attorneys said Kenyon took a mental health leave of absence after being harassed online in the wake of the controversy.
District 113 officially settled the lawsuit last month with Kenyon and paid her a $200,000 settlement, which was approved at a late September board meeting.
Many people supporting Kenyon spoke out during the meeting in favor of the settlement. The case against Bernstein proceeded since the settlement only absolved the school district of the claims.
The American Center for Law and Justice (ACLJ), which represented Bernstein in the case, said parents should be able to engage in public discourse without facing legal retaliation when they raise concerns about what happens in their children’s schools.
The organization said Bernstein’s conduct was protected by the First Amendment as well as the Illinois Citizen Participation Act, which immunizes a citizen’s acts in furtherance of the constitutional rights of speech, petition and participation in government.
The ACLJ said earlier this week that they had successfully resolved the lawsuit, which was settled on “mutually agreeable terms” that did not involve any monetary exchange and the claims against Bernstein have been dismissed.
“The case’s successful resolution sends a powerful message: Americans will not be silenced through intimidation and lawfare. When citizens stand firm in defense of their constitutional rights, supported by skilled legal advocacy, they can successfully fight back against attempts to weaponize the legal system and silence them,” the ACLJ said.
“This victory protects not just our client, but every parent who has ever hesitated to speak up at a school board meeting, every citizen who has second-guessed posting their opinion on social media, and every advocate who has wondered whether expressing their views might result in a retaliatory lawsuit. When one person successfully defends their First Amendment rights, all Americans benefit,” they added.