Aguilar Government And Free Speech!!!

Freedom of Speech Under the Constitution
One of the most important and contested constitutional rights is the right to free speech in the First Amendment. This prevents the government from imposing criminal penalties or civil sanctions on citizens based on what they say or write. While the constitutional text specifically prevents Congress from infringing on the freedom of speech and the press, the First Amendment applies to all types of government actors at federal, state, and local levels. On the other hand, it does not ban restraints on speech imposed by private entities. For example, a private employer can discipline its employees for their statements.

All meetings of the Board are open to the public, and public comment is accepted for a
maximum of 30 minutes at each meeting. At the beginning of your comment, please
state your name. There is a three (3) minute time limit for your remarks. Please be
aware that the public body is not required to respond to your remarks during the course
of their meeting.

Notice for Public Comment
Public comment must be noticed on a public body’s meeting agenda. The public body
has discretion in where it places public comment on its agenda, and best practices
require that ample opportunities be provided for the public to speak at multiple times on
the agenda and consistently allow for public comment at the same point at each
meeting. Thus, a public body might place public comment routinely at the beginning of
the meeting, at the end, or throughout the meeting as different agenda items are being
deliberated. A usual practice is public comment placed at the beginning of the agenda,
which provides the public an opportunity to make public comment in advance of votes on
action items. Additionally, best practices dictate having an opportunity for public
comment prior to any executive session.

Cohen v. California, 403 U.S. 15 (1971), was a landmark decision of the US Supreme Court holding that the First Amendment prevented the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket displaying "Fuck the Draft" in the public corridors of a California courthouse.

The Court ultimately found that displaying a mere four-letter word was not sufficient justification for allowing states to restrict free speech and that free speech can be restricted only under severe circumstances beyond offensiveness. The ruling set a precedent used in future cases concerning the power of states to regulate free speech in order to maintain public civility.

Protect Political Speech
The public comment policy must comport with the First Amendment and protect political
speech. It will protect the right of the speaker to lawfully speak by being content-neutral
and not authorizing any public official to silence someone based on what they are
saying.

Hustler Magazine v. Fawell, 485 U.S. 46 (1988) (internal citations omitted).
Ultimately, as put by Justice Rehnquist, comments offered in critique of the public body
or in broaching unpopular subjects contribute to the public debate. This means that a
public body may not pre-empt your speech by forbidding you from making “critical” or
“personal” comments, or place other content-based restrictions on your comments.
While speakers must guard against defamation, they may certainly offer biting critiques
of elected officials.

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