News-Record.com

Friday's No. 2 editorial.

For Greensboro City Council members, listening to what people say is part of the job.
No matter what they say.

So a proposal to put a content restriction on public comments is not permissible, Jamiah K. Waterman, an attorney for the city, says in a memo to the council.

Councilman Zach Matheny wasn’t trying to muzzle anyone. He just suggested reserving the 30-minute comment period before each council meeting for people raising issues related to city business. People who wanted to talk about other things would have to wait until the end of the meetings.

The idea wasn’t without appeal. Some speakers try everyone’s patience by gabbing for their allotted three minutes about matters that interest no one or lie beyond the ability of the council to address.

Nevertheless, the council can’t restrict speech by its content, Waterman advised. Council meetings traditionally are considered public forums where citizens gather to address their elected representatives. In such settings, government is restricted in its ability to regulate speech.

Waterman pointed to another problem. The distinction between what is or isn’t city business “is an ambiguous and vague standard. Such a standard will give too much discretion to the council to determine who speaks and when.”

Exactly. The council itself, in the many resolutions it considers, probably stretches the definition of “city business” in some people’s judgment. It shouldn’t deny its constituents the same latitude.

The council can impose rules for its public comment periods, but restrictions applied with a time clock are fair and easy to enforce. The content of speech has to be left alone. The council should listen to its attorney.