Under the 1st Amendment you have the right to criticize government and advocate for things with which people don’t necessarily agree. The exceptions to this are that you cannot use profanity, you cannot incite violence, or lie to harm others (slander).
Political speech is the most highly protected form of free speech and considered essential for a functional democracy. You are allowed to disagree with your government and the way it is being operated. You are allowed to vocalize this at public city council meetings. The government is not allowed to restrict the content of your speech if you are not being profane, inciting violence or slandering anyone. So complaining that you don’t believe the Chief of Police is doing his job, is protected free speech. Asking for a clarification of the qualifications for someone to be Fire Chief or Police Chief is protected free speech. These are not personal attacks, they are not profane, they are not inciting violence, they are not slandering an individual. Louise was wrong to stop Joe’s public comments. If Joe’s comments sunk to slander, then Louise could interrupt him and the person who he slandered would have cause to sue him. None of that happened.
When Louise violated Joe’s 1st Amendment rights, she was not “acting within the scope of her duties.” Meaning, it was not part of her job description to violate the 1st Amendment rights of people speaking at a public council meeting. She could argue it is her job to regulate the meeting and make sure the meeting does not become disruptive, but Joe was not being disruptive, he was not profane, he was not inciting violence, and he was not slandering anyone. Louise interrupting him was disruptive and it was illegal. When Louise acted in this manner, acting outside the scope of her duties, she left herself open for personal suit. Meaning she would not have the governmental immunity or legal protection of the City. So, who’s going to lead Louise down that path again and file suit against her? You’ve already got plenty of examples on tape where she lets some people make personal attacks on a public official (Cathcart on Ireton) and that’s just the most recent example, yet cuts off other people at the merest hint that they might say something she and her political cohorts don’t agree with.
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
10 comments:
Could it be our constitutional lawyer risen from the ashes?
Well said!
Bull crap.
The only way you going to stop Louise is by standing up to her. File an ethics violation complaint, Joe!
Oh, PLEASE, someone who has been affected by this so-called council member, PLEASE put her in her place. Maybe someone would be willing to go about this pro-bono?!?!
The struggle which is America's past is riddled with instances in which the powerful attempt to subvert the U.S. Constitution. They attempt (and usually succeed) to undermine the protections afforded to we the people.
Locally this is happening now. The local citizens must rise up in a powerful grass roots movement and work hard to squelch this power grab.
We should use all our resources to prevent the powerful from abusing us. This means voting. But it also means other means, such as town hall meetings, tea parties, and boycotts.
People underestimate the power of boycott. Usually the local power mongers have local businesses. These businesses should rightly become the target of a disgruntled public outrage. We should collectively vow to with hold our money from these local businesses until the relinquish the power they hold over us. If we fail to do this, then we deserve our fate.
It would be nice if someone did pursue legal action against her. At the least it might make her think before opening her mouth. At the most, it might convince her to resign there by opening the door for someone new. Someone new might be on the other side and the 3-2 swing might go the right way for a change!
WE WILL WAIT AND SEE.I hope she is peeing in her pants now.Joe do it and make her pay your legal bill to.Good case for Robin Cocney.
What I miss, Jesus Christ What I miss......
If a member of the Congress of the United States while being addressed by our president of the United States can call him a liar to his face, why can't a citizen criticize a local official for saying that there are no gangs in Salisbury? Do we have free speech or not?
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