Surprise, surprise. Freedom of Speech still is alive and well in America – and in Van Buren Township, too.
Although no announcement was made at Tuesday’s regular VBT board meeting about whether it was OK for the public to talk about the upcoming millage vote, Don Schoenberger pried it out of Supervisor Linda Combs.
At the last VBT meeting, Trustee Jeff Jahr, an attorney who should have known better, asked Supervisor Combs to make a rule that the public couldn’t talk about the millage at board meetings.
Combs immediately agreed and said there would be no talk by the public about the upcoming millage election.
Trustees Miller and McClanahan were appalled, as was Clerk Wright and all three said so.
When pressed by Schoenberger on Tuesday, Combs said she should have brought the attorney’s opinion with her, but she recalls it said the board does not have the power to limit the content of the public’s speech.
The public can talk about whatever subject they want to, she said, adding, “as long as it is germane to township business.”
OK, folks, you can talk all you want to about the millage or read the phone book, if you want – as long as it’s within the three-minute limitation. We’re sure she’s wrong about the “germane” part.
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1 Comment
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Many VBT residents feel strongly about the purpose of the Public Safety Millage increase and the true purpose of the millage, using the money to basically fund the Visteon Bond payment. We attend our VBT Board meetings to voice our opinion. Unfortunately, the powers that be wanted to prohibit the residents from addressing this controversial topic. I believe this will violate our residents First Amendment rights.
Do our township officials want to limit our residents “freedom of speech” rights because they want to suppress the message.
Michigan government meetings are open to the public in accordance to the Open Meetings Act and reserve a “public comment” time for residents commentary on issues. The 9th U.S. Circuit Court of Appeals explained in its 1990 decision White v. City of Norwalk: (ironic) “Citizens have an enormous First Amendment interest in directing speech about public issues to those who govern their city.” The meeting is a public forum during which free-speech rights should be protected.
Do some elected officials on the Board want to suppress the speech and silence the residents because of the content of their speech. This raises concerns of censorship. VBT elected officials may not silence speech because it criticizes them. They may not open a “public comment non-agenda” period up to other topics and then carefully pick and choose which topics they want to hear. VBT should not even silence someone because they consider the residents non productive to their agenda.
When a government offers a “public comment non agenda” period at an open meeting, it provides that concerned residents may exercise their First Amendment rights. VBT officials can impose a time limit, outlaw profanity, irrelevant comments and other restrictions on inappropriate speech. However, whenVBT elected officials create a public-comment non agenda time for the meeting, they have created a public forum in which greater free-speech protections apply. VBT may not silence speakers on the basis of their viewpoint or the content of their comments. VBT must treat all speakers equally. VBT Board of Trustees must live up to the words in the First Amendment.
Van Buren Township Elected Officials wasted our taxpayers hard earned dollars by asking for an Attorney’ opinion.
Former VBT Supervisor
Paul D White