The Legal Framework for Public Comment Sessions

LEGAL BRIEF

Why are school board meetings these days more raucous than ever? For sure, the normalization of harsh rhetoric in public life, the flashpoints of today’s “culture wars” and the opportunity for instant notoriety through livestreaming and social media are contributing factors.

There is nothing wrong with vigorous criticism of government officials and institutions. As Churchill famously observed, “it has been said that democracy is the worst form of government, except for all the others.” But what are the legal ground rules for that criticism at school board meetings?

The First Amendment reflects our nation’s commitment to open and sometimes unpleasant discussions about matters of public concern. Sadly, though, free speech has become a rallying cry for many who believe they have a constitutional right to say anything they want whenever and wherever they wish about whomever or whatever they please. As the U.S. Supreme Court has repeatedly made clear, they don’t.