BBK Attorneys Provide Insight on the Importance of Neutral Public Comment Rules During Brown Act Meetings
Restrictions on public meetings raise issues of speech rights and limit fair discussions on critical topics.
BBK Partner Lauren Langer and Associate Henry Castillo authored an article in the California Special Districts Association’s July/August 2024 magazine addressing the restrictions of public comments during Brown Act meetings and the issues of First Amendment rights. Public comment is a critical component of Brown Act meetings, as decision-makers can hear concerns from the public on matters that impact the community.
However, public meetings often have time constraints and speech limits can be disproportionately enforced based on the subject matter, often citing the individual as causing a “disruption.” While it’s common for commentators to be passionate, the government must have standards in place to balance what constitutes a true disruption versus a conflict of viewpoint.
In the publication, Lauren and Henry discuss the importance of the government creating equal rules of decorum. “Limiting public comment requires a very delicate balance. That balance takes a lot of coordination by officials, staff, and the body’s general counsel before and during the meeting. Because of the protections afforded to speakers, it is best to have a plan before the meeting on how to address any actual disturbances during meetings.”
To read this issue of the California Special Districts Association’s magazine, click here.
