Wyoming mom defeats school district in free speech case

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(The Center Square) - A Wyoming mother told The Center Square this week that she felt relieved after beating dubious stalking petitions brought by local school officials. 

In recent months, two judges threw out civil cases against Kari Cochran, who was accused of stalking Sweetwater County School District No. 1 officials after she criticized their job performances at meetings and on social media.

A judge noted Cochran's comments were protected by the free speech guarantees of the U.S. and Wyoming constitutions.

The Center Square contacted the Sweetwater County School District  No. 1, but it did not respond before press time.

Phoenix-based Goldwater Institute, which represented Cochran in court, told The Center Square her situation is part of a nationwide trend of school districts trying to silence parents.

In 2023, Kari Cochran’s son, Joran Cochran, committed suicide after graduating from Rock Springs High School, which is in the southwest part of Wyoming. 

Throughout high school, Joran Cochran dealt with “pervasive verbal and physical disparagement,” according to the Cowboy State Daily. As a freshman in high school on the wrestling team, he was allegedly sexually assaulted by a teammate, the outlet reported.

To help advocate for students dealing with mental health and bullying issues, Kari Cochran ran for and won a seat on the county’s school board in 2022, where she advocated for changes in the school district policies surrounding mental health, sexual harassment and grading, according to the Goldwater Institute. 

She resigned from her position on the school board after Joran Cochran’s suicide. 

Following this event, Kari Cochran attempted to obtain her son’s records, but school district officials denied her access. 

Cochran would continue to advocate for changes to the same school district policies, as she did while serving on the school board. 

She began attending school board meetings, where she made critical comments about the district and its officials. The school board eventually implemented a new public comment policy that restricted what could be discussed at meetings. 

Cochran, meanwhile, posted criticism of the school district on social media.

Parker Jackson, a Goldwater Institute attorney who represented Kari Cochran, told The Center Square that his client became a “fierce advocate for her children and for other parents in the district.”

Cochran said she used her right to free speech, wanting the school district to have a “good quality education system for all students,” which she noted has always been her goal.

School officials were getting upset because people were starting to notice the issues in the school district and were asking for change, Cochran said.

However, after Cochran's criticisms, officials filed petitions for orders to stop her from allegedly stalking the district. In Wyoming, these orders are intended to protect people from continued harassment or harm. 

A sheriff served her the two orders at the same time on Aug. 7, Cochran said. She noted her initial reaction was “complete fear,” not knowing what she had done.

Jackson said the cases were brought by Nicole Bolton, an assistant superintendent, and Laura Libby Vinger, the wife of superintendent Josh Libby, on behalf of both. 

According to the petition brought by Bolton, she alleged that Kari Cochran “publicly accused [the] petitioner of unprofessional and unethical conduct.”

Circuit Court Judge Michael Greer denied Bolton’s petition, stating that she was a public employee and “subjected to public scrutiny.” Greer added that the First Amendment and the Wyoming Constitution protected Kari Cochran’s speech. 

A magistrate judge for the Wyoming 3rd Judicial District also threw out Laura Libby Vinger's petition. 

The judges made the correct decisions, Jackson noted.

These rulings show how “effective parents can be when they stand up and advocate for their kids and ask tough questions of the government, particularly of their schools, when issues arise involving their children,” he said.

If Cochran had been found guilty in these civil petitions, the attorney said she would have faced “very serious consequences.”

Cochran could have been prevented from attending meetings or going to school district-sponsored events that these officials would have attended, Jackson explained.

“It  essentially would've turned these school officials into roaming sensors where, wherever they didn't want Kari to be, they could show up and force her to leave,” he said.

Reflecting on the situation, Cochran told The Center Square she wanted people to “recognize” that when others come forward, it is not from a place of negativity but rather from a place of concern. 

“ Parents, students or staff members should never feel that they should be silenced or punished for standing up for what’s right,” she said.

Cochran said two things build trust between families and schools: free speech and transparency. “It's important that we model that moving forward."

A law that could have prevented Cochran's situation from happening is called an anti-SLAPP law. Jackson said SLAPP stands for "Strategic Litigation Against Public Participation."

According to the Institute for Free Speech, these laws “prevent abuse of the legal system by providing additional defenses to those who are sued for exercising their First Amendment rights.”

These anti-SLAPP laws allow people targeted by these suits to recover attorney's fees and other expenses related to a case, Parker stated.

Wyoming is one of 12 states that do not have such a law, the institute says. 

Cochran said if Wyoming had an anti-SLAPP law on the books, it would have made the school officials “second-guess” their actions.

The legal process was “draining” and “time-consuming,” Cochran told The Center Square.

“ No one should be hauled into court simply for criticizing government officials, and anti-SLAPP laws are designed to protect constitutional rights of all Americans,” Jackson said.

He added that the actions taken by school officials against Cochran are part of a “growing trend.” 

The Goldwater Institute has seen school districts nationwide since the COVID pandemic overreach to “silence parents, hide information from them, and attempt to ban them from school property,” the attorney noted.

Going forward, Cochran will still need to deal with the school district, as her daughter attends high school there. 

She said she is always fearful of retaliation because of her experiences with the school district. However, she noted, these experiences have made her more likely to speak up when she sees something that is wrong. 

“ I will not stand by and watch anything happen that is inappropriate without speaking up and standing up,” she said.

Cochran said the legal cases interfered with her helping her daughter get ready for high school. The mother said the cases robbed her “of some very important time” with her child. 

She added that she hopes “to move forward” from these events so “other parents don’t have to go through” the same things.