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Judicial Watch has filed a federal lawsuit against Barnstable Public Schools, alleging the district violated the First Amendment rights of a former associate principal who was fired over social media posts made before he was hired. The lawsuit was filed in U.S. District Court in Massachusetts on behalf of John Bergonzi, a longtime public school educator who was hired as an associate principal at Barnstable High School for the 2024–2025 school year. The complaint alleges retaliation for protected speech under federal civil rights law, along with breach of contract. Bergonzi left a tenured teaching position in Brockton after Barnstable Public Schools repeatedly told him his social media activity would be reviewed before any employment offer was extended, the lawsuit says. District officials said a social media review was a routine part of the interview process and that no offer would be made unless the review raised no problems. Bergonzi was offered the associate principal position in September 2024 and completed the onboarding process later that month. He resigned from Brockton Public Schools after being given a confirmed start date and receiving no indication that his social media activity posed any concern, the complaint says. Bergonzi started working at Barnstable High School on October 7, 2024. He was put on paid administrative leave about a month later after an anonymous email message raised concerns about memes and posts on his Facebook page. The district terminated his employment on December 10, 2024. All of the Facebook posts cited by the district were shared before Bergonzi applied for the position and addressed matters of public concern, the lawsuit says. The posts were made in his capacity as a private citizen and did not identify him as an employee of Barnstable Public Schools. District officials acknowledged during internal meetings that the posts caused no disruption, the complaint states. No parents, students, co-workers, or members of the public raised concerns about Bergonzi’s social media activity or his fitness to serve as an associate principal, and the district did not identify any concerns related to his job performance or professionalism. Bergonzi was fired because his posts did not “reflect the values of Barnstable Public Schools,” the lawsuit says. As a result of his firing, the complaint states, he suffered lost income and benefits, reputational harm, emotional distress, and diminished employment prospects. The posts cited by the district included memes and commentary criticizing President Joe Biden, immigration policy, and public safety issues. One post referred to a “total eclipse of competence” in reference to national leadership, while another argued that supporting fencing around the U.S. Capitol but opposing border security at the southern border was hypocritical. Another post criticized illegal immigration and displayed a graphic stating, “Bring me hostile, freeloading [vulgar noun], waving their own flags,” framed as political commentary on national policy. The complaint also shows Bergonzi shared a screenshot of a local news article about a holiday party for “electeds of color,” accompanied by a brief critical caption. “Public schools do not get to silence employees simply because they express opinions that administrators dislike,” Judicial Watch president Tom Fitton said in a press release. “This lawsuit seeks to hold Barnstable Public Schools accountable for violating the First Amendment and for reneging on promises that cost our client his tenured career.” The Bergonzi lawsuit seeks compensatory damages, attorneys' fees fees, and other relief. Bergonzi has requested a jury trial. Barnstable Public Schools superintendent Sara Ahern could not be reached for comment this past weekend.
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