OXFORD, Mich. (Michigan News Source) – Before citizens can speak at the Oxford Community Schools board meeting, they are read a list of rules they have to abide by.
A nonprofit free speech watchdog based in Philadelphia says those rules are unconstitutional.
The rules.
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The board reads this statement from a card before public commentary begins at the meetings:
“Speaker should remain respectful while sharing comments. Speaker shall refrain from using inappropriate language or making slanderous remarks. Names of students should not be used in public comments.”
Stephanie Jablonsky, an attorney for the Foundation for Individual Rights and Expression (FIRE), called Oxford’s rules unconstitutional.
“School board meetings are, at a minimum, a limited public forum, which means a board may restrict speech only when those restrictions are viewpoint-neutral and reasonable in light of the forum’s purpose,” Jablonsky stated in an email to Michigan News Source. “For example, a board has the authority to cap the amount of time reserved for each public comment and to limit public comment to ‘any school or school district issue that a member of the public feels may be of concern to the residents of the school district.'”
Define the terms.
Jablonsky continued: “‘Respectful’ and ‘inappropriate’ are undefined, vague terms which are also viewpoint discriminatory and overbroad. They’re viewpoint discriminatory because they will necessarily suppress criticism and overbroad in the sense that they will suppress a substantial amount of permissible speech. The Supreme Court has ruled that the First Amendment protects the right to harshly criticize public officials and use profanity. The presence of children at a school board meeting does not negate that right.”
Jablonsky stated: “While slander is unprotected speech, whether or not something constitutes slander is a legal question which requires adjudication, so it’s impossible to enforce on an ad hoc basis.”
FIRE stated there was also an issue with not using a student’s name. Jablonsky called it “problematic” saying it could be relevant to matters of public concern.
“We’re dealing with a similar prohibition in another state right now because a student recently stabbed another student and it was featured in local news,” Jablonsky said. “Naturally, the parents have security concerns and attempted to discuss this at a recent board meeting. A board has no right to prevent people from discussing that matter or referencing the student by name.”