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Fri, Dec 05 2008 

Published July 11, 2008 10:33 pm - Question: When can free speech be stopped?

When can free speech be stopped?


By Nate Smith, Staff Writer

Question: When can free speech be stopped?

That question has been bugging me ever since the city Zoning Board of Appeals met on June 25. In that meeting, local resident/activist Steve Charles was asked to leave and was escorted out by city police.

As with many issues in our area, the topic has been debated and discussed on the Washington Times-Herald Web site forum, with Charles saying after the meeting he will sue the city.

Whether Charles’ right to free speech was violated is not something for me to judge. Rather, a real judge might have to take care of that in the future.

But even if a legal action comes to fruition, the ramifications of Charles vs. the Zoning Board of Appeals and the city will have far more lasting effects than what a judge or jury might rule.

Before the board ever started hearing appeals, Vice Chairman Don Spillman read a statement and asked witnesses to swear in, just like one would if they had to do that in court. Witnesses were also asked to stay relevant and not to levy any personal attacks.

During the meeting, Spillman said the rules were to protect the hearings’ “quasi-judicial” integrity.

Simple? Yes. Legal? Yes, because the testimony in the meeting could become part of a legal proceeding in the future. But the policy leaves too many unanswered questions.

I believe most would tell the truth, but will these new rules deter people from speaking out in the future?

The First Amendment to the Constitution guarantees free speech, but there are restrictions.

The First Amendment Center, in an overview of personal and public expression at public meetings, says that government officials can limit comments when they are not relevant to the subject matter or are repetitive or disruptive. They also can limit a person from speaking for hours on end.

Also, a zoning board is not a forum where one can dispute the entire zoning code. That job is for the city council.

But there are some more questions: What does disruptive mean? Where is the line that cannot be crossed and what can a person bring as evidence? Is this policy simple enough for people who are geniuely concerned about their neighborhoods?

Maybe a guide should be used, like one that was given to me from Marion County, for people to know more about the process.

In other towns in Indiana, zoning boards have put in rules like this, but in larger cities and counties like Marion County, where millions of dollars in developments lie in the balance. Not in smaller cities and towns where we don’t see that type of money very often.



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