TEANECK, NJ — A former Teaneck councilman and local news publisher has filed a federal civil rights lawsuit accusing the Teaneck Board of Education and several current and former officials of violating his First Amendment rights by selectively silencing critics during public meetings and retaliating against him for comments about antisemitism and district leadership.
The lawsuit, filed May 15 in U.S. District Court in New Jersey, alleges Board officials repeatedly interrupted, cut off, and threatened resident Keith Kaplan during public comment sessions while allowing speakers with opposing viewpoints to continue uninterrupted. Kaplan claims the Board enforced vague “decorum” and “graphic language” rules in a viewpoint-discriminatory manner.
Kaplan, publisher of the local online outlet Teaneck Today and a former Teaneck councilmember, is seeking declaratory relief, an injunction blocking enforcement of several Board speech policies, compensatory damages, punitive damages, and attorney’s fees.
Lawsuit Centers on Heated Debate After October 7 Attacks
The complaint traces the conflict to an October 18, 2023 Board of Education meeting held days after the Hamas attack on Israel.
According to the lawsuit, Superintendent Andre Spencer issued a public statement describing the violence as “the latest incidents in the cycle of violence in the Middle East,” language that Kaplan and other speakers criticized as too neutral in condemning Hamas.
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Kaplan alleges Board officials repeatedly interrupted speakers who described graphic details of the attack while allowing similar language from speakers expressing pro-Palestinian viewpoints or defending the superintendent’s statement.
The lawsuit specifically accuses former Board Vice President Victoria Fisher and former Board President Sebastian Rodriguez of selectively enforcing informal “graphic language” restrictions against critics of district leadership.
During Kaplan’s own remarks, the complaint says he referenced “savagery” and civilians who were “butchered, raped, mutilated, beheaded, and worse” before being interrupted by Fisher and Rodriguez. The lawsuit claims Board officials cut his microphone with time still remaining and directed law enforcement to remove him from the lectern.
Key Points
• Former Teaneck councilman Keith Kaplan filed a federal civil rights lawsuit against the school board
• The suit alleges Board officials selectively silenced critics during public meetings
• Kaplan claims he was removed from a meeting after comments about antisemitism and district leadership
Complaint Alleges Retaliation and Chilling of Speech
The lawsuit also details a November 2023 letter sent to Kaplan by Board attorney Mark Tabakin warning that future violations of Board “decorum” guidelines could lead to his removal or exclusion from meetings. Kaplan argues the letter amounted to retaliation for protected speech and created a chilling effect on his participation in future meetings.
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According to the filing, Kaplan later self-censored comments at additional Board meetings out of concern he could be barred from attending public sessions.
The complaint further alleges that in 2025 the Board expanded restrictions on public comments by discouraging residents from “speaking negatively” about district employees and prohibiting speakers from naming employees or students during meetings.
Kaplan argues those rules are unconstitutional because they are vague, overbroad, and grant officials “unbridled discretion” to suppress criticism.
The lawsuit cites repeated warnings from the Foundation for Individual Rights and Expression (FIRE), which allegedly notified the Board that its speech policies likely violated First Amendment protections. According to the complaint, the Board declined offers to revise the policies and instead adopted additional restrictions.
Officials Accused of Violating Constitutional Protections
The lawsuit names the Teaneck Board of Education, former Board President Sebastian Rodriguez, former Vice President Victoria Fisher, Superintendent Andre Spencer, Board member Clara Williams, and unidentified defendants.
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Kaplan alleges violations of his rights to free speech, petition, assembly, due process, and protection from retaliation under both the U.S. and New Jersey constitutions.
The filing seeks a permanent injunction preventing the Board from enforcing rules against speech considered “vulgar,” “inflammatory,” “abusive,” “disparaging,” or “speaking negatively” about district employees or students.
No response from the defendants had been filed as of Sunday evening. The case remains pending in federal court in Newark.
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