FLINT, Mich. (Michigan News Source) – The city of Flint’s restrictions on the use of vulgarity during public commentary at City Council meetings “fails constitutional tests,” according to a free speech watchdog group.
Free speech across the state.
Michigan News Source has been reviewing municipalities across the state and finding speech policies that have been questioned as being unconstitutional.
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The problematic rule with the city of Flint reads: “Any person at a Council meeting may be called to order by the President or any Councilmember for failure to be germane, for vulgarity, or for speaking in excess of the allotted time, or any other violation of these rules.”
“A cover to silence criticism.”
Stephanie Jablonsky, senior program counsel for the nonprofit free speech watchdog Foundation for Individual Rights and Expression, said that rule “raises serious constitutional concerns.”
Jablonsky wrote in an email to Michigan News Source: “Flint can impose certain viewpoint-neutral, reasonable rules, like requiring that public comments be ‘germane’ to city business or agenda items, though it must enforce this rule consistently and not as a cover to silence criticism.”
She continued: “What Flint cannot do is adopt vague, overly broad, or viewpoint-discriminatory rules that infringe its citizens’ right to speak freely about city-related matters, including criticism of town officials. The city’s prohibition on ‘vulgarity’ fails each of these constitutional tests. ‘Vulgarity’ is a vague term which gives Flint officials vast discretion in enforcement. This ban sweeps in a large amount of constitutionally protected speech, and it’s likely to be enforced more vigorously against criticism or speech city officials disagree with.”
The U.S. Supreme Court.
In addition, Jablonsky pointed to the U.S. Supreme Court case, Cohen v. California.
She wrote: “… the Supreme Court held that the First Amendment protected the right to wear a jacket emblazoned with ‘F*** the Draft’ in a county courthouse, recognizing that ‘words are often chosen as much for their emotive as their cognitive force.’ The Court also warned that if governments were allowed to ‘forbid particular words,’ they ‘might soon seize upon the censorship of particular words as a convenient guise for banning the expression of unpopular views.'”
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The Flint mayor’s office said they are reviewing the matter.
“The City of Flint is committed to upholding the constitutional rights of all individuals, including the right to free speech. We recognize the importance of ensuring that all policies—especially those involving public participation—are consistent with legal standards and current First Amendment jurisprudence,” said Kay Smith, spokesperson for Mayor Sheldon Neeley, in an email to Michigan News Source. “We appreciate this issue being brought to our attention. The City is reviewing the language in Rule 29.8 in consultation with legal counsel and relevant stakeholders to ensure it aligns with constitutional protections and best practices for public discourse.”