The Upper Midwest Law Center (UMLC) is calling on Prior Lake-Savage Area Schools to rescind disciplinary actions taken against fourth-grade teacher Brooke Zahn, who was suspended for seven days without pay over a private Facebook post supporting President Donald Trump’s immigration policies.
“Ms. Zahn was targeted for her political views, and the school district clearly violated her First Amendment rights. Educators should not be punished for expressing their protected political beliefs when it has no impact on their teaching, and when it does not cause harm or significant educational disruption,” said James Dickey, senior trial counsel for UMLC. “We hope the Prior Lake-Savage Area School District acknowledges their misstep and issues an immediate apology to Ms. Zahn. If not, we will pursue legal action.”
In a letter sent to the district, UMLC says that Zahn’s punishment violates her First Amendment rights, demanding a full reversal of the disciplinary measures, including the removal of all related records from her personnel file, reimbursement for lost wages, and a formal public apology.
Zahn’s social media post, shared in a private Facebook group called “Prior Lake Light Hearted Conservative Group,” featured a meme stating: “A family that is deported together stays together.” UMLC argues that the school’s response to Zahn’s post constitutes unlawful retaliation against her political speech.
“No reasonable person could possibly believe this meme is not speech on a matter of public concern,” UMLC says in its letter to the school board. “More specifically, no reasonable person could possibly believe that it was not related to the public matter of former Immigration and Customs Enforcement (ICE) Director Tom Homan’s comments in response to questions from 60 Minutes.”
Homan, in October of last year, made comments while on CBS News that the Trump administration could deport families together, avoiding the separation of families.
The district, however, claimed Zahn’s post violated its policies on social media use and harassment. In its disciplinary letter, the district accused her of “targeting individuals based on their national origin” and creating a “significant educational disruption.”
UMLC refuted those claims, stating, “This accusation is truly absurd and betrays that the District is race-motivated in its actions: a comment about enforcing federal immigration law related to family separation is not national-origin discrimination.”
Additionally, UMLC criticized the district’s argument that the controversy led to “numerous emails, phone calls, media inquiries, and public comments.” The letter calls this a “manufactured crisis” and accuses the district of using “a heckler’s veto” to justify its actions.
The legal group also objected to the punishments imposed on Zahn, which included:
- A seven-day suspension without pay
- A prohibition on posting content that could be “reasonably perceived as inconsistent with [her] role as a District employee”
- Mandatory cultural competence training
The letter to Zahn also included a threat of further discipline, including termination, if she does not comply with the district’s directives.
UMLC contends that these restrictions represent “retaliation against Ms. Zahn’s past political speech and a prior restraint against her future political speech.”
UMLC asked the district to issue an apology on its website and at the next school board meeting. If the district does not comply by Feb. 28, 2025, Zahn plans to file a lawsuit in federal court to challenge the disciplinary action.
UMLC argues that Zahn was punished for engaging in protected political speech as a private citizen and that the district’s response sets a dangerous precedent.
“Ms. Zahn spoke as a citizen and not pursuant to her official responsibilities as a District teacher when she posted the meme,” says the legal group’s letter, arguing that even if her personal Facebook account listed her as a teacher, the district still selectively enforced its policy based on the content of her speech.
Kristi Mussman, the director of communications for Prior Lake-Savage Area Schools, told Alpha News, “The District does not comment on pending or threatened litigation.”
Hayley Feland
Hayley Feland previously worked as a journalist with The Minnesota Sun, The Wisconsin Daily Star, and The College Fix. She is a Minnesota native with a passion for politics and journalism.
