Posts Tagged ‘First Amendment’

The First Amendment Keeps the “Social” in Government Social Media

Monday, January 28th, 2019

Social media has become a regular feature of the political landscape. From the campaign to the business of governing, elected and appointed public officials are getting their message out on Facebook, Twitter, and other social media platforms. And they’re encouraging their constituents to join the conversation with comments, retweets, and likes. But the “social” part […]

When Board Members Won’t Talk Back

Friday, March 27th, 2015

Jean Jett has been waiting all month for the regular public comment period at the city council meeting. She signed up to speak, and after waiting her turn, she stands at the podium facing the council members and says, “I am here on behalf of the musicians in town, and we want to know why […]

Criticizing Public Employees in Public

Wednesday, February 6th, 2013

An incident involving the police department has riled up the citizens. The manager and the police chief are coming under heavy criticism. Several people have signed up to speak at the regular public comment period at the next council meeting and have indicated that they will speak about “the need for the firing of the […]

Open Meetings and the Public’s Right to Speak

Wednesday, November 16th, 2011

North Carolina’s open meetings law creates a broad public right of access to meetings of public bodies by requiring notice of most kinds of meetings, and allowing anyone to attend them. Do those who attend have a guaranteed right to speak at these meetings?  The answer is “no.”  The open meetings law itself does not […]

Can We Prohibit Offensive Signs?

Wednesday, November 9th, 2011

Malcolm Tucker runs a small nightclub. He recently put up a billboard advertising his business on the main road leading into town. The billboard is garish to say the least. It is bright orange and uses suggestive language and photos to advertise the entertainment offered at his club — drinking, dancing, and video sweepstakes games. […]

Yer Cheat’n Heart, Tattoos, the First Amendment, and Preemption

Tuesday, September 28th, 2010

“Where do you go in this town to get a tat, to find someone who can sling some ink? I wanna find somebody like they have on L.A. Ink that can do some real work on me. You know, a real artist. Might try one with my woman Marlene sitting on a fire-breathing dragon. Maybe […]

Monuments in Parks: Government Speech, Not Forum Analysis

Wednesday, October 7th, 2009

A recurring subject of First Amendment case law has to do with monuments in public parks. The latest opinion from the United States Supreme Court on this subject holds (unanimously) that the placement of a permanent monument in a public park is a form of government speech and is therefore not subject to scrutiny under […]