BESLER v. BOARD OF EDUC. OF W. WINDSOR

A-81 September Term 2008

993 A.2d 805 (2010)

201 N.J. 544

Philip A. BESLER and Jennifer J. Besler, Plaintiffs-Respondents, and Carolann S. Besler, Plaintiff, v. BOARD OF EDUCATION OF WEST WINDSOR-PLAINSBORO REGIONAL SCHOOL DISTRICT, body corporate organized and existing under the laws of the State of New Jersey, and/or its servants, agents and employees, Daniel Hussong, Michael Carr, and Ray J. Bandlow, individually and in their official capacity; individually, jointly and severally, Defendants-Appellants, and Lori Hussong and Robert Banks, individually and in their official capacity; Township of Plainsboro, a municipal corporation organized and existing under the laws of the State of New Jersey, and/or its servants, agents and employees, John J. Lomela and Richard Furda, individually and in their official capacity; and Township of Long Beach, a municipal corporation organized and existing under the laws of the State of New Jersey, and/or its servants, agents and employees, and Matthew Peterson, individually and in his official capacity; individually, jointly and severally, Defendants.

Supreme Court of New Jersey.

Decided May 17, 2010.


Attorney(s) appearing for the Case

Sharon H. Moore, Annandale, argued the cause for appellants (Gebhardt & Kiefer, attorneys; Ms. Moore and Leslie A. Parikh, on the briefs).

Daniel C. Fleming, Princeton, argued the cause for respondents (Wong Fleming, attorneys; Mr. Fleming, Mark W. Thompson, and Linda Wong, on the briefs).

Carl Tanksley, Jr., argued the cause for amicus curiae New Jersey School Boards Association (Cynthia J. Jahn, Assistant Executive Director, attorney).


Justice ALBIN delivered the opinion of the Court.

During the public comment period of a meeting of the Board of Education of the West Windsor-Plainsboro Regional School District (Board), the Board President denied plaintiff Philip Besler the opportunity to complete a statement critical of both Board policy and a high school coach he believed had verbally abused student-athletes, including his daughter. Besler filed a federal...

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