Council clamps down on speech

The News Virginian / News Virginian
Published: November 28, 2007

City Council's decision to limit public comment to three minutes for each speaker is a welcome move in the minds of many, reasonable in the eyes of others who might even disagree in principle and unassailable under the law if applied properly. Free-speech rights largely are oriented around content rather than time, provided restrictions are uniform.

Anyone who has attended a government meeting and listened to the drone of a speaker who fails to recognize that his monologue is of little interest to anyone other than himself knows how tedious long-winded public comments can be. This is especially true in instances when many more pressing matters are at hand.

Still, we are uncomfortable with the idea of restrictions being placed on speech by government officials. We acknowledge that judges generally have upheld time restrictions so long as they are, as a federal appeals court wrote in 1994, "content-neutral." Government must leave "open ample alternative avenues for communication." City Council points out that people may call or write in addition to speaking at meetings.

The problem with that option is that those discussions then would happen in private rather than in public. Issues that might be of genuine interest to all of us do not get a full public airing. The public can access letters or e-mail exchanges, but phone conversations are another matter. Free-speech rights center on the speaker, but we think hearing is an important component, especially when it involves government. In short, we all need to be part of the conversation, even if all we are doing is listening in.

Perhaps most troublesome about council's restriction, which passed unanimously, is the length of the time limit. Some governments impose 15-minute limits, others 10 and five. In many cases, three minutes is more than sufficient time to make a point, but that is not true in every case. Here is where time limits can become particularly problematic. Essential under the law is that time restrictions apply evenly to all. That concept addresses the temptation of government officials to cut off speech they do not like and allow it when it suits them. What the concept does not allow, if literally applied, is extended discussion in cases where it is warranted.

The hazard of endless public droning, we think, is not so great as burdening speech. Officials are elected to hear the voice of the people, even if comments come in extended version. So while we concede council has acted within its rights, we do not support this restriction.

Council can be assured that we will be watching closely to see whether this measure is applied fairly. In the meantime, we plan to do our part to encourage the people of our town to speak freely.

Starting today, we will offer you the chance to address council for six minutes, double council's limit, in video that will be posted on The News Virginian's Web site at www.newsvirginian.com for all the world to see. To get your time, sign up at our Web site under the "Hey, Council!" logo or e-mail us at . Be sure to include your name, daytime phone number and a preferred time, and we'll call you back to set up your camera time. Once your video is posted, we'll alert readers so they can hear what you have to say.

We look forward to hearing from you.