Michigan City Acknowledges First Right to 'Demean' Government Officials

Bay City residents now have the freedom to express their opinions openly during city commission meetings, even if their comments involve city officials or employees that may not be favored by the commission.

Last summer, FIRE contacted the city to address the issue of code provisions that restrict certain types of speech during public comment periods of commission meetings, stating that these provisions are unconstitutional. A new code has been implemented that restricts public speakers from making disrespectful remarks towards city officials, officers, or employees. Additionally, derogatory comments directed at others and the use of vulgar language are now prohibited.

First Right to 'Demean' Government OfficialsPhoto byFIRE

In a statement to the city, it was clarified that the First Amendment prohibits public officials from prohibiting speech based on personal offense or objection. In a significant decision, the Supreme Court has declared that the prohibition of all disparaging comments is a form of viewpoint-based censorship that is not permissible. In our initial letter to the city commission, we stated:

It is all too easy to envision the Commission enforcing the rules to suppress criticism of commissioners and other city officials while giving the public free rein to praise the city and its leaders. FIRE has seen it happen before. This double standard contravenes the First Amendment and our country’s “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.”

The city cannot impose a blanket ban on all "vulgarities" without considering the context. According to the previous policy, citizens were not allowed to use any vulgar language, even if it was directly related to their comments. This included quoting vulgarities mentioned in newspapers or spoken by government officials.

FIRE further clarified to the Bay City Commission that their rules were deemed unconstitutionally vague and overbroad. This left commenters uncertain about which comments could result in being silenced or removed from meetings. City commissioners have the authority to interpret the rules in a subjective and arbitrary manner.

In response to FIRE's call, the city has decided to revise its policies in order to align with the First Amendment. In December, the commission approved revised meeting rules that eliminate the restrictions on public comments deemed disrespectful or offensive towards city officials or employees.

The Bay City Commission has received commendation from FIRE for its decision to align its meeting comment policies with the Constitution. It is advisable for cities and counties across the nation to carefully examine their comment policies to ensure consistency.

The Source: thefire