Q: Our city is having an election in November for city council members. On the city’s website, they list each candidate’s name, address, phone number, etc. When I suggested to the city clerk that the candidate’s website address also be included as a public service, I got a response that:
”The City’s responsibility is to remain neutral regarding candidates and elections. Therefore, we provide the contact information that each candidate provides to us to make available to the public. However, in order to maintain the City’s impartiality in the election process, we will not list the candidate’s individual campaign websites on our City website.”
I feel that a phone number or a website address is not an endorsement, but just provides the public with information needed to contact or learn more about each candidate. I was able to find the information in seconds using Google.
Is there some precedence requiring cities from excluding this? Or is this just over-cautiousness gone amok?
A: I am not aware of any particular authority holding that posting a link to or the address of a candidate’s web site would constitute endorsement, though it is possible that there is some legal basis for this concern. From the perspective of our core expertise — First Amendment and open government issues — the question might be whether some legal principle requires the city council to do so. Though a state or local agency would likely be required under California’s Public Records Act to produce any records it has related to the public’s business that lists candidate web site, that wouldn’t seem to translate into a requirement that the agency post the information on its web site. It sounds like, as you say, the city council here is just trying to play it safe.
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.