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10 First Amend. L. Rev. 57 (2011-2012)
Civility in Government Meetings: Balancing First Amendment, Reputational Interests, and Efficiency

handle is hein.journals/falr10 and id is 59 raw text is: CIVILITY IN GOVERNMENT MEETINGS: BALANCING FIRST AMENDMENT, REPUTATIONAL INTERESTS, AND EFFICIENCY BY TERRI DAY* & ERIN BRADFORD** TABLE OF CONTENTS I. INTRODUCTION ................................... ....... 57 II. CITIZENS' SPEECH CLASHES WITH GOVERNMENT BUSINESS AND SENSIBILITIES ..................................... ...... 62 III. A SURVEY OF OPEN MEETING LAWS AND RULES OF DECORUM.................. ............... 69 IV. CONSTITUTIONAL PRINCIPLES APPLICABLE TO PUBLIC COMMENT SESSIONS ............................................... 74 A. Forum Analysis........................ 75 B. Government Employees' Speech Rights in Public Comment Sessions ..................... 84 C. Protecting Reputational and Privacy Interests ........... 88 V. GUIDELINES FOR ADOPTING AND IMPLEMENTING RULES OF DECORUM ........................................ ...... 94 VI. CONCLUSION ........................................ ....... 97 I. INTRODUCTION Nowhere is the American ideal of We the People democracy more realized than at the level of local government. Government in the *Professor of Law, Barry University Dwayne 0. Andreas School of Law; LL.M. 1995, Yale University; J.D. 1991, University of Florida; M.S.S.A. 1976, Case Western Reserve University; B.A. 1974, University of Wisconsin, Madison. The genesis of this article stems from an invitation I received from the Martin County, Florida, School Board to discuss First Amendment principles as they relate to public comment sessions. Much appreciation to the Martin County School Board and its attorney, Doug Griffin, for the opportunity to speak on these issues.

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