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How to Identify State Action in the Context of Public Officials Using Social Media

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal...more

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

In a recent binding opinion, the PAC found a public body in violation of the Open Meetings Act (OMA) for restricting the content of public comment where a member of the public attempted to discuss the District’s hiring...more

Federal Court Upholds School Board’s Enforcement of Public Comment Decorum Rules

The United States District Court for the District of New Jersey recently issued a decision regarding the limited First Amendment protections afforded to speakers who use offensive and disruptive speech at school board...more

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more

Ninth Circuit Court Of Appeals Upholds City’s Invocation Policy For Council Meetings

In Rubin v. City of Lancaster, the Ninth Circuit Court of Appeals upheld a lower court’s determination that the city council’s invocation policy and practice did not amount to an unconstitutional establishment of religion....more

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