FOR IMMEDIATE RELEASE
CONTACT Justin Silverman | 774.244.2365 | justin@nefac.org
JULY 31 LETTER
The New England First Amendment Coalition and the ACLU of New Hampshire called on the City of Manchester today to revise its rules on public comments during Board of Mayor and Aldermen meetings.
Officials recently prohibited profanity and uncivil expression, among other types of speech, in violation of state and federal constitutions.
“Categories of speech such as profanity and vulgarity are protected by the First Amendment and cannot be reasonably restricted during such meetings,” NEFAC and the ACLU explained in a July 31 letter to Manchester Mayor Jay Ruais.
“The First Amendment also protects speech that may be considered uncivil, so long as such speech doesn’t veer into unprotected categories of expression such as true threats and incitement,” they wrote.
The restriction on speech was adopted by the Board of Mayor and Aldermen on May 7 and provides 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.
As NEFAC and the ACLU explained, government meetings that are opened for public comment are considered limited public forums. In such a forum, speech restrictions must be viewpoint neutral and reasonable.
Included in protected categories of speech are non-verbal forms of expression, such as banners, flags and signs. While there may circumstances that would allow reasonable restrictions on these types of expression, a general prohibition based on a “security concern” without any additional guidance as to what would constitute such as concern is ripe for impermissible viewpoint discrimination, the groups wrote.
NEFAC and the ACLU successfully fought a similar ordinance in Nashua last year. NEFAC also recently published an audit of speech codes in the state, finding various forms of “civility codes” that restrict public expression during government meetings.
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 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, Connecticut Public, WCVB-Boston and WBUR-Boston.