Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law and Society

SelectedWorks

Terri R. Day

Publication Year

Articles 1 - 6 of 6

Full-Text Articles in Law

Civility In Government Meetings: Balancing First Amendment, Reputational Interests, And Efficiency, Terri R. Day, Erin Bradford May 2011

Civility In Government Meetings: Balancing First Amendment, Reputational Interests, And Efficiency, Terri R. Day, Erin Bradford

Terri R. Day

This article addresses the issue of civility in local government meetings and the constitutional considerations for adopting rules of decorum. While not constitutionally guaranteed, the right of citizens to participate in public meetings can be created by state statute or judicial fiat. Once created, any restrictions placed on citizen speech are subject to constitutional dictates. Matters of local government business inflame passions; and public comment sessions can become explosive. When disruption occurs, presiding officials must act to silence citizens’ voices or eject them from public meetings, in ways that do not trample on First Amendment rights. In creating parameters that …


Civility In Government Meetings: Balancing First Amendment, Reputations Intests, And Efficiency, Terri R. Day, Erin Bradford May 2011

Civility In Government Meetings: Balancing First Amendment, Reputations Intests, And Efficiency, Terri R. Day, Erin Bradford

Terri R. Day

This article addresses the issue of civility in local government meetings and the constitutional considerations for adopting rules of decorum. While not constitutionally guaranteed, the right of citizens to participate in public meetings can be created by state statute or judicial fiat. Once created, any restrictions placed on citizen speech are subject to constitutional dictates. Matters of local government business inflame passions; and public comment sessions can become explosive. When disruption occurs, presiding officials must act to silence citizens’ voices or eject them from public meetings, in ways that do not trample on First Amendment rights. In creating parameters that …


"Nasty As They Wanna Be", Terri R. Day Oct 2008

"Nasty As They Wanna Be", Terri R. Day

Terri R. Day

"Nasty as They Wanna Be" reflects on the social and legal implications of campaign speech restrictions. On the heels of a vigorously fought presidential election, much of voters' and media attention focused on the tenor of the campaign ads and accusations. Although most states and municipalities have some type of "clean campaign" speech restrictions, this paper takes the view that such attempts are per se unconstitutional. The relevance of the "market place of ideas" and New York Times v. Sullivan remains paramount when government attempts to control the content of political discourse during campaigns.


"Nasty As They Wanna Be", Terri R. Day Oct 2008

"Nasty As They Wanna Be", Terri R. Day

Terri R. Day

"Nasty as They Wanna Be" reflects on the social and legal implications of campaign speech restrictions. On the heels of a vigorously fought presidential election, much of voters' and media attention focused on the tenor of the campaign ads and accusations. Although most states and municipalities have some type of "clean campaign" speech restrictions, this paper takes the view that such attempts are per se unconstitutional. The relevance of the "market place of ideas" and New York Times v. Sullivan remains paramount when government attempts to control the content of political discourse during campaigns.


"Nasty As They Wanna Be", Terri R. Day Oct 2008

"Nasty As They Wanna Be", Terri R. Day

Terri R. Day

"Nasty as They Wanna Be" reflects on the social and legal implications of campaign speech restrictions. On the heels of a vigorously fought presidential election, much of voters' and media attention focused on the tenor of the campaign ads and accusations. Although most states and municipalities have some type of "clean campaign" speech restrictions, this paper takes the view that such attempts are per se unconstitutional. The relevance of the "market place of ideas" and New York Times v. Sullivan remains paramount when government attempts to control the content of political discourse during campaigns.


Nasty As They Wanna Be, Terri R. Day Oct 2008

Nasty As They Wanna Be, Terri R. Day

Terri R. Day

"Nasty as They Wanna Be" reflects on the social and legal implications of campaign speech restrictions. On the heels of a vigorously fought presidential election, much of voters' and media attention focused on the tenor of the campaign ads and accusations. Although most states and municipalities have some type of "clean campaign" speech restrictions, this paper takes the view that such attempts are per se unconstitutional. The relevance of the "market place of ideas" and New York Times v. Sullivan remains paramount when government attempts to control the content of political discourse during campaigns.