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A Wisconsin mother and conservative activist has won a free speech case after being sued for defamation over social media posts criticizing her school district’s “woke” priorities.
Scarlett Johnson, a leader in Moms for Liberty’s Wisconsin chapter, was sued by Mary MacCudden, a former English teacher and “Social Justice Coordinator” for the Mequon-Thiensville School District (MTSD), after Johnson made critical posts on social media in October 2022.
Johnson posted a screenshot of MacCudden’s LinkedIn profile and wrote, “Why the hell am I paying for a ‘Social Justice Coordinator’ in my school district?” She added, “This is just what @mtschools needs; more woke, White women w/ a god complex. Thank you, White savior.”
In other posts, Johnson described DEI specialists as “woke lunatics” and “bullies” who “bully” parents “into silence and compliance.”
MacCudden filed a defamation lawsuit in 2022.
The circuit court allowed parts of the case to proceed, but Johnson and her lawyers at the Wisconsin Institute for Law and Liberty (WILL) appealed the decision.
WILL argued that Johnson’s comments were “run-of-the-mill social media posts” that are protected by the First Amendment.
On Tuesday, the Wisconsin Court of Appeals sided with Johnson, ruling that her comments were opinions, not factual statements that could be proven true or false, and therefore could not be considered defamatory.
“We conclude that Johnson’s statements do not constitute defamation. Thus, we reverse and remand for the circuit court to enter summary judgment in Johnson’s favor,” the appeals court found.
Terms like “bully” and “lunatic” are subjective, the court argued, while the terms “woke,” “White savior” and “god complex” are “vague and do not have a clear meaning or definition,” it said.
One judge dissented, saying the posts identified MacCudden by name and might have implied undisclosed facts that a jury should consider.
Johnson said she saw the lawsuit as an effort to silence her and other parents who spoke out against DEI programs.
She recalled facing a similar defamation claim just days before a 2021 school board election, calling it a politically timed attempt to intimidate her.
“I felt I had to fight back in this case. It couldn’t be like the other. I had to stand up because this would never stop,” she told Fox News Digital. “They’d keep going after parents like me.”
She added that she hopes the ruling encourages other parents to speak out against “radical ideologies” in public schools without fear of being sued.
“This sets legal precedent,” she said. “Parents everywhere can speak the truth about what’s happening in their schools with a little less fear that they’re going to be dragged into court for frivolous lawsuits.”
WILL Deputy Counsel Luke Berg praised the ruling in a statement.
“Scarlett, like all of us, has the right to question and criticize her government. The defamation lawsuit against her was meritless and should have been promptly dismissed. We are pleased that the Court agreed, and that Scarlett can put this distraction behind her,” he said.
Fox News Digital reached out to MacCudden’s attorney, James McAlister, for comment but did not receive a response.
