Update on Suit Against Fairfax Schools re Kendi Videotape
As previously reported, we sued the Fairfax County public school system back in January, challenging its refusal to disclose a videotape of a presentation made by Critical Race Theory guru Ibram X. Kendi to school principals and administrators in August 2020. See “Fairfax Schools Monitor Sues Fairfax Schools,” Jan. 13, 2022. We had requested the video under the Virginia Freedom of Information Act. The school system claimed that the video was exempt from disclosure because it was copyrighted by Kendi.
Yesterday, we had our third court appearance in the case. The first two hearings didn’t result in a substantive decision, and yesterday’s didn’t either. There will be another hearing on May 5.
At yesterday’s hearing, the judge focused on one narrow question. Without getting too technical, this was the issue: We had argued that even if Kendi holds a valid copyright to the contested video, it should be provided to us because of a copyright doctrine known as “fair use.” This doctrine says that a copyright isn’t infringed if a person publishes all or part of a copyrighted work for a legitimate purpose, such as education or criticism.
The court felt that more information was needed about Fairfax Schools Monitor’s intended use of the Kendi videotape. Therefore, we were directed to explain in writing how we would use the video if we obtain it. The School Board will then state whether, in its opinion, our intended use meets the “fair use” criteria of the Copyright Act. If the Board continues to dispute our right to obtain the video (and we expect them to take that position), we will go back to court on May 5 for a final resolution.
This morning, we sent a letter to the School Board, addressing the “fair use” issue. The letter is HERE.
We will keep you informed of further developments in this case.
Thank you
Thank you for doing this! It will be great when we have transparency clearly showing how the school board is spending tax $$ to indoctrinate our children.
Thanks for keeping up the good fight, Mark. I admire your fortitude trying to expose what is happening in our schools re Kendi and CRT. N.
Thank you for all the work you are doing. It is appreciated.
Mark,
Once again, hats off to you. Thank you for your research and diligence.
Of course we as FCPS parents have a right to know what information was discussed at the administrators meeting as it will directly affect the ‘tone’ of the classroom environments.
Which will in turn affect not only what but how our kids are taught.
The fact that this is so secretive leads one at a ten year old level to question the content.
Keep fighting please.
This is ludicrous..
Thank you again.
Christine: I meant to reply earlier. Thanks for your support. The hearing in the Kendi case is now scheduled for May 11. I will let you know how it goes.
An incredibly well written and effective letter. It’s unclear to me how they can reasonably deny your request.