Student sues California school district and USDA for silencing her criticism of dairy milk

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A Los Angeles high school senior sued her school district and the U.S. Department of Agriculture, alleging her Free Speech rights were violated when administrators told her she could not promote non-dairy milk to students without promoting regular milk as well. 

Key Players

Marielle Williamson is a recent graduate of Eagle Rock High School, part of the Los Angeles Unified School District, where she was president of the Animal Awareness Club. She was also a student member of the Physicians Committee for Responsible Medicine. 

The Physicians Committee for Responsible Medicine (PCRM), a nonprofit research and advocacy organization based in Washington, D.C., promotes animal rights. PCRM comprises over 17,000 physicians and nearly a million members worldwide. 

The U.S. Department of Agriculture (USDA), the federal department responsible for laws related to farming, forestry, and food, develops and promotes dietary guidance for public schools. Since 1946, it has required public school districts to provide fat-free and low-fat unflavored milk options during breakfast and lunch as part of its National School Lunch Program (NSLP) and School Breakfast Program. 

Further Details

In October 2022, Williamson, on behalf of the Animal Awareness Club, was given permission by school administrators to table during lunch, where she handed out oat and pea protein milk samples and informed her peers of the benefits of non=dairy milk consumption. 

“So many students I’d never met before said, ‘I don’t want cow’s milk, I love oat milk,’” and supported the idea of having plant-based options in the cafeteria, Williamson told The Washington Post. 

On Feb. 8, 2023, Williamson reached out to her school principal, asking to host a bigger day of action in the spring to “educate students about the health and equity problems associated with serving dairy milk in schools.” She voiced concerns about whether her event, which would discourage the consumption of dairy milk, violated the NSLP guideline that participating public schools “shall not directly or indirectly restrict the sale or marketing of fluid milk products by the school (or by a person approved by the school) at any time or any place — on the school premises; or at any school-sponsored event.”

On March 14, Williamson was informed that she would be able to host the event, on the condition that she provide “some literature for both sides of the debate.” However, she decided not to move forward, contending that the directive would defeat the purpose of her event and its message. 

Outcome

Federal lawsuit filed

On May 2, on behalf of Williamson, the PCRM filed a federal lawsuit against the school district and USDA, asserting that the defendants violated Williamson’s Free Speech rights in “compelling Marielle to simultaneously distribute the dairy misinformation that she seeks to refute.” Further, it noted that school district officials “regularly permit, approve, and promote speech that advocates for just one side of a debate, inclusive of speech that promotes dairy.”

“The dairy industry has a stranglehold on our students and our school meal programs,” Deborah Press, associate general counsel at the PCRM, said. “The USDA is so protective of the dairy industry that its policies outlaw even the smallest amount of opposition to the deluge of pro-milk messaging in schools. It will do anything it can — even gag student speech — to continue foisting unwanted, unhealthy, and culturally inappropriate foods on young people.”

In a statement, Williamson said her school was “riddled with pro-dairy posters and promotions. The fact that a differing perspective from a student was shut down goes to show that the USDA is more focused on milk sales than the well-being of students. This lawsuit was the only way to make people aware of how wrong this is.”

Shannon Haber, a spokesperson for the school district, declined to address Williamson’s statement but stressed that the district took “pride in empowering students to amplify their voices on issues they find important.”

As of July 19, 2023, there were no further updates.