The Frederick County Board of Education is under fire after launching a Title IX investigation into Republican board member Colt Black, a move that attorneys from Alliance Defending Freedom (ADF) allege is a politically motivated attempt to silence his protected speech. In a letter sent to the board on Tuesday, ADF demanded that the investigation be immediately halted, arguing that it violates Black’s First Amendment rights and represents a dangerous weaponization of Title IX policies for partisan purposes.
The controversy stems from comments Black made during a public board meeting on January 8, where he raised concerns about Board Policy 443, which requires students and staff to use pronouns and names consistent with a student’s gender identity rather than their biological sex.
Black argued that the policy violates the First Amendment by compelling speech and forcing individuals to participate in the social gender transition of students.
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“My overarching concern is the constitutional implications of 443 and compelled speech that is pushed upon our staff and students here in Frederick County Public Schools,” Black said during the meeting. “I’m not sitting here saying that you can’t come to school and be who you are. You should be able to do that. But at the same time, people should not have to be forced to participate with their language.”
Black’s comments quickly drew backlash from local Democratic leaders. On January 11, the Frederick County Democratic Central Committee (FCDCC) issued a public statement labeling his remarks as “hate speech” and urging community members to file discrimination complaints against him using the school district’s harassment reporting forms. The FCDCC claimed that Black’s comments “ha[d] no place in the FCPS Board of Education mission.”
Four days later, on January 15, the board notified Black that it had initiated a Title IX investigation into his comments, citing complaints that his remarks allegedly violated the district’s nondiscrimination policy.
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In their letter to the board, ADF attorneys argued that the investigation is a clear attempt to retaliate against Black for expressing his views and to chill his future speech.
“Students, teachers, and school board members have the constitutionally protected freedom to express their beliefs. The First Amendment prohibits the weaponization of the law to silence one’s political opponents,” said ADF Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom. “Colt is a democratically elected member of the Board. He cares about the integrity of his school district and the quality of education students receive, and he rightly observed that Policy 443 contains serious constitutional violations.”
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Langhofer warned that the board’s actions could have significant legal consequences, pointing to recent cases in which school districts faced costly settlements for violating educators’ constitutional rights.
ADF’s letter calls on the Frederick County Board of Education to end its investigation into Black and to respect his right to free speech. The organization also urged the board to reconsider Policy 443, which it argues is constitutionally flawed and infringes on the rights of students and staff.
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