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Jacobsen v. Palamdale School Dist
Lynette Jacobson (Jacobson) is a third grade teacher at Ocotillo Elementary School in the Palmdale School District (District). Roger Gallizzi (Gallizzi) is the Superintendent of the District. At a public meeting of Districtâ€™s Board of Trustees (Board), Jacobson spoke (as did three other individuals) against a proposed change to Districtâ€™s field trip policy.
Three months later at the beginning of the school year, Gallizzi delivered a â€œWelcome Backâ€ message to Districtâ€™s teachers, staff, students and parents in which he expounded upon the theme that an educatorâ€™s primary responsibility is to create a learning environment for the students. In that context, Gallizzi referred to four incidents in which he believed teachers had acted unprofessionally. He gave, as one example, Jacobsonâ€™s remarks from Boardâ€™s public meeting, comparing her attitude to that held by Scar, a character in â€œThe Lion King.â€
Jacobson sued Gallizzi and District (collectively defendants), alleging that Gallizziâ€™s remarks were, among other things, defamatory. Defendants moved to strike Jacobsonâ€™s complaint pursuant to section 425.16.[1] Their anti-SLAPP motion[2] urged that the gravamen of Jacobsonâ€™s complaint arose out of Gallizziâ€™s constitutionally protected communications on issues of public interest and that Jacobson could not demonstrate a probability of prevailing on her action. The trial court denied the motion, finding that defendants had failed to demonstrate that Gallizziâ€™s â€œWelcome Backâ€ message was made in furtherance of his constitutional right to free speech.
This defense appeal follows. First, we find that Gallizziâ€™s message addressed issues of public interest: the goal of public education, the role teachers play in reaching that goal, and Districtâ€™s new field trip policy. Second, we find that Jacobson failed to demonstrate a probability of prevailing on her claims because Gallizziâ€™s message was subject to the absolute privilege accorded statements made by a government official in proper discharge of his official duties. (Civ. Code, Â§ 47, subd. (a) (hereafter section 47).) We therefore reverse the trial courtâ€™s order and direct it to grant the special motion to strike, to dismiss the complaint with prejudice, and to award attorney fees to the defense.

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