Michigan public school boards accused of embracing ‘secrecy, intolerance for opposition’

Two recent cases against public school boards in Michigan should serve as a warning for all Americans concerned about free speech, according to a nonprofit research institute.

“They highlight an ominous trend toward secrecy and intolerance for opposition – a trend coming from the very institutions that are charged with representing the public fully, honestly, and openly,” writes Patrick J. Wright, vice president for legal affairs at the Mackinac Center for Public Policy.

“The First Amendment, and the larger American tradition of free speech, are only incidentally useful for protecting off-color songs and formally daring modern novels. Their primary purpose, in letter and in spirit, is to ensure the rights of the citizens to speak up about public affairs and political issues.”

However, the free speech rights of two moms in Michigan – Sandra Hernden and Carol Beth Litkouhi – have come under fire from their respective school districts.

‘Committed to keeping the public in the dark’

Hernden, whose child is a special needs student at Chippewa Valley Schools, began reaching out to the district after the COVID-19 pandemic.

“The terrible impact ‘remote’ and ‘hybrid’ education models were having on her son’s academic and social performance led Hernden to begin speaking at board meetings and emailing board members,” Wright explained.

“Initially, the secretary of the school system tried snitching to Hernden’s supervisor, claiming her participation at board meetings amounted to conduct unbecoming a police officer.”

Hernden’s department concluded she had not violated any rules after an investigation. But this didn’t stop the district from referring her to the U.S. Department of Justice during the Biden administration, Wright noted.

“Hernden took the Chippewa Valley Board of Schools to court in 2023. Though the school district has used various means to dismiss the suit (including a claim that the board is not responsible for the public actions of board members), the case remains active.”

Meanwhile, Litkouhi became more involved in the Rochester Community Schools district after trying to get course materials for a high school gender studies class.

The district stonewalled her attempts, inspiring her to run for and eventually win a seat on the school board in November 2022, according to The Center Square.

Despite her presence, “the board remains committed to keeping the public in the dark,” Wright noted.

“When Oakland County began quietly considering a new millage last year, Rochester Community Schools’ superintendent and school board leaders encouraged trustees to support the millage and to keep their discussions about it from the public.”

Litkouhi refused to stay silent, sharing her concerns in an October 2025 Detroit News op-ed.

As a result, “the school board accused her of sharing confidential information, voted to censure her, and stripped her of all committee assignments,” Wright said.

“Had Litkouhi and Hernden been punished for speaking about trivialities, that would still be bad. But it is much worse that they are paying the price for things that matter. The First Amendment’s highest function is to protect core political speech that seeks to bring about change in public policy.”