LPL Public Comment Interruptions Tulane Letter

FIRST AMENDMENT LAW CLINIC

Livingston Parish Library

Attn: Board of Control

13986 Florida Blvd

P.O. Box 397

Livingston, La 70754

August 21, 2024

Re: Livingston Parish Library Board of Control Censorship of Public Comment Via: U.S. mail and e-mail to Library Board of Control Members

To Board Members:

We write to express our opposition to the censorship of members of the public at the July 16, 2024, Livingston Parish Library Board of Control (“LBOC”) meeting. The rebuke of speakers for using the word “homophobic” violates the First Amendment.

During the meeting on July 16, 2024, two members of the public independently expressed the opinion that a proposal under consideration by the LBOC and discussions that prompted the proposal were homophobic. Each time, board member Larry Davis quickly interrupted the speaker, prohibited use of the word homophobic, and called the language inflammatory. Mr. Davis’s disagreement with the citizens’ opinions does not justify such interruptions and censorship.

The government may not restrict speech merely because it is perceived to be offensive or inflammatory. A prohibition on so-called “inflammatory” words allows LBOC members to silence speech that members subjectively find disagreeable or provocative. Because the public does not know what speech may provoke retribution from the LBOC, citizens are likely to self censor criticism of the Board and its policies, diminishing the value of public comment for citizens and the Board alike.

Public comment must be open to all, regardless of speakers’ opinions or agreement with officials. In addition to the First Amendment, the Louisiana Open Meetings Law provides citizens with the right to voice their “opinions in the decision-making process.”1 All speakers— regardless of their views—must be given a chance to speak in a public forum on matters of

1 Deep S. Ctr. for Envtl. Justice v. Council of City of New Orleans, 2019, 0775, p. 12 (La. App. 4 Cir. 2/12/20), 292 So.3d 973, 982, writ denied, 2020-00419 (La. 10/14/20), 302 So.3d 1122.

public concern and weigh in on their government’s decisions. The LBOC cannot silence speakers for the mere use of the word homophobic and language subjectively disliked by Board members.