Cleary Giacobbe Alfieri Jacobs Prevails in the Appellate Division Defending a Board of Education’s Political Activities Policy

On July 20, 2026, the New Jersey Appellate Division issued a decision in Ringwood Education Association v. Ringwood Board of Education, upholding the constitutionality of the Ringwood Board of Education’s (the “Board” or “Ringwood”) Political Activities Policy. The decision affirms a board of education’s authority to regulate certain political expression by employees on school property during the school day when students are present.

The Ringwood Board of Education directed teachers to stop displaying campaign lawn signs supporting candidates for the Board of Education in the windshields of their vehicles while parked on school property during the school day. The Ringwood Education Association (the “Association”) challenged the Board’s directive, arguing that it violated teachers’ First Amendment rights and was unconstitutional.

The Appellate Division rejected the Association’s arguments, finding that the Board’s policy was constitutional as drafted because it was carefully tailored to regulate political activity occurring on school grounds during the school day in the presence of students. In distinguishing the Board’s policy from one previously found unconstitutional in the established Appellate Division precedent set forth in Green Township Education Association v. Rowe, the Court emphasized that the Ringwood policy did not prohibit teachers from engaging in political speech off school property, during non-working hours, or with other willing adults when students were not present. Instead, Ringwood’s policy restricted political displays that students would be required to observe while on school property.

The Court further found the Board’s enforcement of the policy to have been constitutional. Applying the balancing test established in Pickering v. Board of Education, the Court determined that the Board’s interest in maintaining a politically neutral educational environment, and in protecting students from being subjected to political messaging during the school day, outweighed the teachers’ interest in displaying campaign lawn signs on school grounds.

The Court recognized that teachers have a direct employment-related interest in Board elections, as the Board is responsible for negotiating salaries and benefits. Thus, the prominent display of campaign lawn signs by teachers in vehicle windshields was not exclusively about a public concern. Rather, it was adjudged by the Appellate Division to have been conduct and expression that was “predominantly job-related in seeking to promote their self-interest in the context of labor and other negotiations.”

This decision provides important guidance for New Jersey boards of education on the regulation of political activity by employees on school property. It confirms that appropriately tailored policies, designed to limit political messaging in the presence of students, are enforceable and do not violate employees’ First Amendment freedom of speech rights.

This matter was successfully handled on behalf of the Ringwood Board of Education by Partner Mark A. Wenczel, Esq.