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Sanford city attorney says name/address request for public commenters is legally sound; should remain a request, not a requirement
Summary
City Attorney Green told commissioners their practice of asking—but not requiring—public commenters to state name and address balances First Amendment concerns and the city's recordkeeping duties under Chapter 119; commissioners discussed clarifying the mayor's initial prompt so speakers understand the request is optional.
City Attorney Green advised the Sanford City Commission on Aug. 11 that the city’s practice of asking public commenters to state their name and address is legally defensible when framed as a request rather than a requirement.
Green said case law shows courts may find a First Amendment violation if a government body conditions speech on disclosure of identity, but he concluded Sanford’s procedures strike a balance. "If you look at…
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