Trying to tame comments at meetings becomes tricky as officials weigh free-speech rights vs. aggressive tactics

Many in an angry crowd objected to Louisiana Gov. John Bel Edwards’s
school mask mandate. (Photo by Melinda Deslatte, Associated Press)

"You have the floor." The phrase opens the mic to an opinion, but across the country, that has become a tricky exercise. "Governing bodies are restricting — and sometimes even halting — public comment to counter what elected officials describe as an unprecedented level of invective, misinformation and disorder from citizens when they step to the microphone," reports Karin Brulliard of The Washington Post. "As contentious social issues roil once-sleepy town council and school board gatherings, some officials say allowing people to have their say is poisoning meetings and thwarting the ability to get business done."

Public bodies try to strike a balance: "In Rochester, Minn., City Council President Brooke Carlson said the council’s once-monthly limit on commenting has helped, though it did not please regular speakers," Barulliard writes. In response to Rochester's restrictions, one citizen told the board, "You are supposed to be servants of the people. You should be here to listen to us for as long as you need to because we are technically your bosses."

Barry Sanders, a city council member in Taunton, Mass., agreed: "Last fall, the council briefly suspended public input after a speaker chastised a council member by name over a dispute that began on social media, violating a requirement that comments be 'respectful, courteous and not personal in nature.'" Brulliard writes. "Sanders opposed the suspension."

Sanders told Brulliard, “That’s what the First Amendment speaks to: the right of the public to have their grievances heard. Not the right of the public to say nice things about their elected officials." Bruilliard reports, "A local progressive group, Taunton Diversity Network, was also concerned. The council has now settled on a policy that limits speaking time and prohibits threats or incitement, but also eliminates the civility requirements."

School-board chairs and superintendents have also taken notice of the "rising threats of violence and aggression at community meetings," Brulliard notes. "Francisco Negron, the chief legal officer for the National School Boards Association, said he advises members that time and topic limits are fine . . . . But generally, Negron said, he tells boards: 'Parents care deeply about children, so let them have their say.'"

Brulliard notes that Christy Perry, a superintendent in Oregon, had to halt open comments when aggressive behavior between speakers erupted after the meeting. Perry told Brulliard, "It used to be, ‘Come in, sign up. We’ll call on you.’ No big deal, right? That changed during the pandemic. You want that personal connection, so I think that is what’s missing when the public is not in the room. I think I’ve been known for that over my career and saying, ‘How can we bring this together and find that common ground?’ And I haven’t really figured that out yet. … We are living in really polarized times."