Adopted in 1997 and amended several times through 2011, the Public Appearance Policy for meetings of the Board of County Commissioners for Richmond County, NC establishes a time “for an open forum” at the beginning of each regular meeting to hear citizens’ comments, and sets forth the procedures and rules for citizens who want to provide input to the Board during that time. However, following a national trend to insulate government officials from criticism and limit exposure to their constituents, the Board proposed revising its policy. The new policy continues to allow the Chair to revoke an individual’s right to speak if the comments are “deemed inappropriate (such as slanderous or libelous remarks).” In addition, the revised policy would also prohibit citizens from making “comments which are harmful, discriminatory or embarrassing to any citizen(s), official(s) or employees of Richmond County,” and from discussing “‘closed session’ type issues,” including personnel matters and litigation. Moreover, commissioners also specifically note in the new policy that it is a criminal offense for anyone to willfully interrupt, disturb, or disrupt a meeting and refuse to leave when directed to do so by the Chair.
Urging the Board to reconsider its policy changes, Rutherford Institute attorneys warned that the rules are so vague as to present a significant risk of arbitrary application and viewpoint discrimination. Nevertheless, despite the concerns raised about the policy’s chilling effect on free speech rights, the Board voted on Feb. 1, 2022, to unanimously approve the revised policy.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
The Rutherford Institute’s letter to the Board of Commissioners is available at www.rutherford.org.
Source: https://bit.ly/3L51Dbx
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