City Approves NEFAC Changes to Civility Ordinance, Increases Protections for Expression
The City of Manchester Board of Mayor and Aldermen voted this week to change its public participation policies to reflect recommendations made by the New England First Amendment Coalition.
“It is a matter of constitutional law,” explained NEFAC President Gregory V. Sullivan during the May 6 hearing. “The government may not prohibit the expression of an idea simply because society or the government finds that idea or that speech offensive or disagreeable.”
Click video to view testimony in favor of NEFAC’s recommendations and the subsequent debate and vote.
Testifying at the hearing were (in order of appearance in the video) Mark Hayward, a former reporter and current NEFAC advisor; Gregory V. Sullivan, a media law attorney and NEFAC president; and Daniel Pi, a professor of constitutional law at the Franklin Pierce School of Law at the University of New Hampshire.
NEFAC and the ACLU of New Hampshire first called on city officials last year to revise its recently amended rules on public comments which prohibit profanity and uncivil expression, among other types of speech.
Specifically, the Board’s Rule 3 was amended to state that:
“Speakers shall be civil in their language and presentation. Profanity, threats, and the use of vulgar language or fighting words are prohibited. … The use of banners, flags, signs, or other items which may create a security concern, obstruct the view of other members of the public, or restrict public access within the Aldermanic Chambers, is also strictly prohibited.”
In addition to addressing its concerns about the restriction on banners and how that restriction could be abused, NEFAC and the ACLU explained to Manchester Mayor Jay Ruais that “categories of speech such as profanity and vulgarity are protected by the First Amendment and cannot be reasonably restricted during such meetings.”
The groups provided substitute language that could be used instead of the existing speech restrictions. That language was approved at the meeting earlier this week.
NEFAC and the ACLU successfully fought a similar ordinance in Nashua in 2023. The coalition also published an audit of speech codes in the state, finding various forms of restrictions that limit public expression during government meetings.
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s advocacy here.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC is supported by the Estate of Gloria L. Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Northeastern University and WCVB-Boston.