The Detroit News article, “Pushback after Taylor council omits disabled man's comment,” examines a dispute between free speech advocates and the Taylor City Council over whether officials unlawfully censored public comment.
Charles Blackwell, a disabled resident who regularly participates in council meetings by email, sent a letter criticizing Mayor Tim Woolley’s support of a towing contract and alleging corruption. The city attorney declined to read the statement aloud, calling it defamatory and therefore unprotected by the First Amendment.
Brian D. Wassom, a partner at Warner Norcross + Judd who focuses on First Amendment issues, provided legal context for the dispute. Wassom explained that, in general, governing bodies may place restrictions on public comment. "Yes, they are governed by First Amendment Freedom of Speech, but the agency has some flexibility to enforce reasonable time, place and manner restrictions," Wassom said.
Wassom suggested there have been cases in which courts have upheld limitations on public comment if, for example, comments are defamatory, not germane to the topic at hand or go beyond established time limitations. However, he added, "as often as not," courts have sided with complainants who allege that a governmental body's rules are too restrictive.
“Either side could be plausible depending on what the facts are," Wassom said.
Detroit News subscribers can read the full article here.
Wassom first developed his legal skills representing traditional media outlets like newspapers in First Amendment cases. He currently chairs Warner’s Privacy, Defamation, Media and First Amendment Litigation Group and its Emerging Media and Technologies Group.
