Teachers Cannot Display Political Signs On This NJ School’s Property, Court Finds

PASSAIC COUNTY, NJ — A state appeals court has ruled that the staff of a Passaic County middle school is not allowed to display political campaign signs on school grounds during the school day.

Monday’s decision was an appeal of a ruling from 2024, when a Passaic County Superior Court judge originally deemed the policy of prohibiting campaign signs on Ringwood Public School’s property unconstitutional.

The reversal stems from October 2022, when a number of Ryerson Middle School teachers placed campaign lawn signs supporting local school board candidates in their cars’ windshields while parked.

Former Superintendent Nicholas Bernice claimed that the sign violated the district policy, which prohibits teachers from engaging in political activity while on school grounds. He ordered the signs be removed and said non-compliance could result in disciplinary action, the filing reads.

As a result, the Ringwood Education Association sued the school board, claiming that the policy violated their First Amendment rights.

Two years later, the lower court sided with the teacher’s union, saying that the policy was too broad and that since the signs were inside privately owned cars and outside the classroom, it was constitutional.

Specifically, the judge claimed the policy was "overly broad, illegal and thus unenforceable."

However, the school board filed an appeal of the decision.

A three-judge appellate panel decided on Monday that the school board’s policy was not unconstitutionally overbroad, and that the campaign signs “subjected students and unwilling adults involuntarily to political speech [or] activity.”

The appeal also noted that the “teachers are motivated by their ‘private connection to the elections’ because the Board engages in negotiations with the Association that dictate their salary and benefits,” creating a conflict of interest.

The appellate court also left intact the dismissal of former teacher Christopher Romano’s retaliation claim stemming from a dispute over Second Amendment decals on his truck. The claim was not decided on its merits because it was not included in the original complaint and was later withdrawn as "moot."

It’s worth noting that this appeal is an unpublished opinion, meaning that it is not setting a statewide precedent for all public school districts.

"This opinion shall not 'constitute precedent or be binding upon any court,'" the filing reads. "Although it is posted on the internet, this opinion is binding only on the parties in the case, and its use in other cases is limited."