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Brown Act First Amendment

New rules by city council restrict free speech

[…] make it more difficult for all that wanted to make comments to do so. At a recent council meeting, they changed the ordinance regarding conduct during city council meetings, and more specifically the conduct while addressing the council. For example, if the mayor, in his personal view, decides your comments are disruptive because they are repetitive […]

December 11, 2014
Asked and Answered

Brown Act

City Council disbursed funds without allowing comment by groups they shortchanged

[…] to fairly distribute funds to all domestic violence shelters in L.A. Members decided to give the majority of the funds to just two of the thirteen shelters and wouldn't take comments from the 11 shelters that were shortchanged. Our agency in fact serves more people than the two receiving the most funding. How is […]

February 15, 2012
Asked and Answered

Brown Act First Amendment

Is limiting a school board trustee’s comments legal?

I'm a public school district trustee and the board has tried to limit my comments during the meetings by preventing me from responding to Public Comments made during the "public comment period." I often will wish to express my agreement with the comment made or ask a follow-up question. Is the board violating my […]

March 27, 2010
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Explainers

FAC’s Explainer page provides information about topics relating to public records, open meetings, and freedom of speech that we are often asked about. The information you are looking for may be here, but if it is not, please feel free to submit a request to our Legal Hotline.

July 3, 2024
Asked and Answered

Brown Act First Amendment

New rule places unreasonable time restraints on public comments

[…] formal, requires constituent speakers to aggregate all remarks on as many as a dozen or more separate items into one three minute slot isolated from other speakers and staff who may have commentary on individual items. This requires the speaker to provide a brief identifying description of each item, as the three minutes clock […]

March 5, 2012
Asked and Answered

Brown Act First Amendment

School board changed public comments without notice

Starting in January, the board of education of our unified school district has been systematically trying-- and often succeeding--in suppressing or censoring public comments. For more years than I can count, the board has provided a democratic, albeit cumbersome, method of accommodating the public's right to speak on items not on the agenda. Speakers […]

March 30, 2010
Asked and Answered

Brown Act First Amendment

School Site Council tactics intimidate parents, public

[…] at which public comment was cut off by the chair. The individual was repeatedly ruled "out of order." The person was then ordered out of the meeting and, when he failed to comply, an armed police officer was summoned. The officer, however, determined that situation was not a police matter and refused to remove […]

February 3, 2012
Asked and Answered

Brown Act First Amendment

Arrested for making public comments that “disturbed” council meeting

[…] which the city refused to forward to the county for inclusion on the ballot in violation of Elections Code. At the next city council meeting, during the public comment period, I was criticizing the council's illegal refusal to forward the initiative and was arrested for "disturbing" the meeting. Low voice, no profanity.I need criminal defense.

October 21, 2010
Asked and Answered

Brown Act First Amendment

City Council allowing presentation not on the agenda

[…] speak during our public comment session, although this presentation was not on the agenda. Our mayor allowed him to speak over the allowed three minute time period and allowed City Council members to ask questions of this man, but the public was not allowed to speak. Can he do this? Also, as of late […]

August 24, 2011
Asked and Answered

First Amendment

Can ballot arguments be selected based on political content?

[…] the argument that addressed a range of issues, instead of the argument focused on the tax measure. I believe this is an encroachment on free speech rights and an abuse of discretion. Additional facts:1) In a meeting yesterday, the elections official acknowledged that he and the elected Clerk Recorder discussed their political views regarding […]

November 10, 2016