STERLING HEIGHTS, Michigan (Michigan News Source) – Municipalities across the state of Michigan often adopt rules on public commentary at public meetings that are believed to be unconstitutional.

The city of Sterling Heights is another example of a Michigan city whose commentary rules are being called into question by a nonprofit free speech watchdog group.

What are the rules in question?

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A person can be called to order by the Chair or a Council member if they:
• Attempt to engage the Council or any member in debate
• Use vulgarity
• Make personal attacks on persons or institutions

Stephanie Jablonsky, senior program counsel for The Foundation for Individual Rights and Expression (FIRE) said the Ison v. Madison Local School District Board of Education, the U.S. Court of Appeals for the Sixth Circuit invalidated bans on “antagonistic,” “abusive,” and “personally directed” comments at public meetings.

The decision, Jablonsky said, binds the Sterling Heights City Council. In addition, she said the U.S. Supreme Court Case Cohen v. California allowed someone the right to wear a jacket emblazoned with “F*** the Draft” in a county courthouse.

Vulgarity is a difficult call.

She said that banning “vulgarity” is difficult because “it is a vague term which gives city officials vast discretion in enforcement. This ban is overbroad as it applies to a large amount of constitutionally protected speech, and it’s likely to be selectively enforced against criticism or speech city officials disagree with.”

Jablonsky added the ban on engaging council members in debate was “odd.”

“Speakers can’t force a debate,” Jablonsky said. “They simply speak, and it’s the council members who decide whether to respond and thereby initiate a back-and-forth. The rule’s vagueness makes it ripe for abuse, creating a risk of city officials suppressing criticism and dissent simply because it might provoke a response from a council member. While the city can ban actual disruptions, citizens have a First Amendment right to criticize public officials or dissent from their positions.”

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The city of Sterling Heights didn’t respond to an email seeking comment.

FIRE sent a letter to the Sterling Heights City Council asking them to address its concerns. FIRE said they have not heard back.