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The following article is a supplement to the MRC Report: The Biden Administration Waged War on Free Speech with 57 Censorship Initiatives.

Initiative #27

The NSBA School Board Memo

Type of Censorship: Direct Action

Agencies Involved:

  • Department of Education
    • Office of the Secretary of Education
  • Department of Justice
    • Criminal Division
    • Executive Office for U.S. Attorneys
    • Federal Bureau of Investigation (FBI)
    • Office of the Attorney General

Summary:

The Biden administration manufactured a threat of violence in order to intimidate Americans from attending lawful protests — and justify surveillance of the Americans brave enough to attend. It then retaliated against the whistleblower who exposed its censorship.  

On October 4, 2021 — after months of lawful protests at school board meetings over school closures, teaching of critical race theory (CRT) and so-called transgenderism — the Office of Attorney General Merrick Garland issued an official, public memo to the Federal Bureau of Investigation (FBI), the Executive Office for U.S. Attorneys, the Department of Justice Criminal Division and the U.S. attorneys. In the memo, Garland claimed there was a “spike” in intimidation of school board leaders and that protestors were threatening violence. Garland ordered the FBI and each U.S. attorney to convene meetings to coordinate with school board leaders on how to prosecute protesters, and then to open special channels of communication for future “threat reporting.” 

Despite protest from several FBI line agents, the agency — under Garland’s orders — created surveillance files with “threat tag[s]” for “dozens of parents” simply for speaking out at school board meetings. The FBI also sent agents directly to meetings to spy on and infiltrate parents groups. When asked about this while testifying under oath before Congress, FBI Director Christopher Wray implied that no such surveillance occurred.        

Federal Bureau of Investigation (FBI) Special Agent Steve Friend informed the Department of Justice inspector general of a variety of agency violations of civil rights, including about the “threat tag[s]” and covert surveillance. For being transparent with the inspector general, the FBI suspended Friend without pay. The FBI told Friend he could work other jobs, but then refused to produce the necessary paperwork, thereby effectively forbidding him from making an income. As Friend’s primary job was to investigate child pornographers, this action indirectly endangered Americans. 

A congressional committee later determined there was “no doubt” the FBI’s actions were meant “to deter other potential whistleblowers” from exposing the FBI’s censorship activities. 

Key Individuals:

  • Miguel Cardona, Secretary of Education
  • Merrick Garland, Attorney General
  • Monty Wilkinson, Acting Attorney General
  • Christopher Wray, FBI Director