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Harrisville city attorney warns council: public-comment replies and blocking can trigger First Amendment claims
Summary
City Attorney told the council that inconsistent handling of public comment could lead to First Amendment lawsuits, cautioned officials that social-media accounts used for city business become public records, and urged strict, content-neutral rules and written follow-ups instead of on-the-spot answers.
Harrisville’s city attorney told the council that how elected officials handle public comment and social media can create significant legal risk.
Identifying himself as the city attorney (Speaker 6), he said the city’s duty is to act in a content‑neutral manner during public comment: "If Greg gives a nice comment ... and you let him go, but he asks you a question and you don't answer it ... but if Brian gets up and ... you answer his question ... you violated the First Amendment rights." He urged the council to adopt consistent, published rules (time limits,…
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