Parents Defeat Librarian in Roxbury Lawsuit.

Judge rules parents’ comments were protected speech under First Amendment

On the Friday before “Banned Books Week” (October 5–11), Roxbury parents won a major victory for common sense and parental rights. School librarian Roxana Caivano and her husband, attorney Anthony Caivano, were notified that their lawsuit against local parents — who had simply sought to protect their minor children from explicit, pornographic material in the taxpayer-funded school library — was dismissed via summary judgment.

Transcripts of the judge’s decision are not yet available as of this posting. However, statements from the attorneys representing the parents make clear that the court recognized the parents’ right to speak out and advocate for their children’s welfare — a right that should never have been challenged in the first place.

In the opinion of the Center for Garden State Families, this lawsuit was a clear act of intimidation and lawfare by the librarian and her attorney husband — a misuse of the legal system intended to silence parents who dared to question what was being placed in front of their children. This two-and-one-half year-long ordeal cost the defendants tens of thousands of dollars, countless sleepless nights, and took a serious emotional toll on their young families.

Statement from John Coyle attorney for Kristen Cobo and Christina Balestriere:

Another defendant, Tom Seretis, represented by attorney Corinne Mullen, also prevailed in court. On October 3, Judge Romankov granted Mullen’s motion to dismiss the Caivanos’ case in its entirety, affirming that Seretis’s remarks were protected opinion under the First Amendment and the New Jersey Constitution.

Seretis had questioned the inclusion of sexually explicit materials in the Roxbury High School library. His social media post merely asked, "Isn't porn illegal in schools?" and reposted a New Jersey Project News article that had the headline "Roxbury Librarian Defending". He also commented sarcastically, "These must be located in the same aisle as Hustler magazine and the Ron Jeremy movie collection". 

During oral arguments, Mullen maintained that her client’s comments represented core democratic speech — the kind of open debate on public policy that lies at the heart of constitutional protections. Judge Romankov agreed, stating on the record that the case’s dismissal was “long overdue” and confirming that Seretis’s statements were constitutionally protected expressions of opinion.

“This is a great victory for our client and, more importantly, for citizens who seek to speak about such a constitutionally important issue,” said Mullen. “I’m very satisfied the judge dismissed the entire case.”

This ruling sends a clear message across New Jersey: parents not only have the right but also the duty to speak out about the materials, policies, and influences shaping their children’s education. Attempts to silence or intimidate parents through costly lawsuits will not stand in court. The Roxbury victory strengthens the growing movement of parents reclaiming their voice and holding school officials accountable to the communities they serve.

Mr. Seretis is the father of a son and a daughter, both of whom attend Roxbury Public Schools.The Mullen Law Firm

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