A mother in Wisconsin just scored a major win in her battle to speak freely about what’s happening in public schools. Scarlett Johnson, a leader with Moms for Liberty in the state, faced a defamation lawsuit from Mary MacCudden, a former English teacher who also served as the “Social Justice Coordinator” for the Mequon-Thiensville School District. The suit stemmed from Johnson’s 2022 social media posts that took aim at the position and its focus on diversity, equity, and inclusion initiatives.
Johnson shared a screenshot of MacCudden’s LinkedIn profile and questioned the role outright. “Why the hell am I paying for a ‘Social Justice Coordinator’ in my school district?” she posted. In another, she added, “This is just what @mtschools needs; more woke, White women w/ a god complex. Thank you, White savior.”
She went further in other comments, labeling DEI specialists as “woke lunatics” and “bullies” who push parents into “silence and compliance.”
MacCudden claimed these remarks damaged her reputation and filed suit soon after. The lower court let parts of the case move forward, but Johnson appealed with help from the Wisconsin Institute for Law & Liberty.
The appeals court ruled in her favor, finding that her words amounted to protected opinions rather than verifiable facts that could support a defamation claim. The judges explained that terms like “bully” count as subjective judgments or exaggeration, not something a court could prove true or false.
“The term ‘bully’ is a subjective assessment that cannot be proven as true or false… Johnson’s statements do not allege any specific act of bullying or a specific victim that could be proved or disproved at trial,” the opinion stated.
They applied the same logic to “lunatic,” calling it a personal view without factual backing. As for “woke,” “god complex,” and “white savior,” the court noted their vagueness: “The terms ‘god complex,’ ‘woke,’ and ‘white savior’ are vague and do not have a clear meaning or definition… We are not persuaded that the terms are definitive enough to allow a jury to determine whether these terms are true or false.”
One judge disagreed in a dissent, arguing the posts named MacCudden directly and might suggest hidden facts worth a jury’s review. But the majority shut that down, saying no reasonable reader would see the comments as implying specific misconduct like abusing power over students. Instead, they came across as Johnson’s reaction to the job title and description alone.
Johnson saw the lawsuit as more than a personal attack—it felt like part of a pattern to intimidate parents who challenge school agendas. She mentioned a similar threat right before a 2021 school board election, timed to knock her off balance.
“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 said. “They’d keep going after parents like me.”
After the win, she emphasized the bigger picture. “Free speech belongs to every mom, dad, and citizen who demands answers and accountability from their government,” Johnson stated. “Parents across the country are speaking out against radical ideology in our schools, and our fight does not stop today.”
Her lawyer, Luke Berg from the Wisconsin Institute for Law & Liberty, echoed that sentiment. “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.”
This ruling arrives as debates over DEI programs in education heat up nationwide. In Wisconsin alone, similar concerns have led to pushback against what some see as overreach in classrooms, with groups like Moms for Liberty leading efforts to refocus on core academics over social activism. Johnson’s case could signal to other parents that voicing opposition won’t automatically land them in court, especially when lawsuits seem designed to scare off dissent.
MacCudden’s side hasn’t commented publicly since the decision, but the outcome reinforces that sharp criticism of public roles doesn’t cross into defamation just because it stings. For families worried about where tax dollars go in schools, this serves as a reminder that speaking up remains a fundamental right.
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