ACLU: County video ban unconstitutional : News-Record.com : Greensboro & the Triad's most trusted source for local news and analysis

GREENSBORO - The American Civil Liberties Union of North Carolina has challenged a ban on video presentations at Guilford County Board of Commissioners meetings as unconstitutional.

In a letter to the county on behalf of tea party group Conservatives for Guilford County, N.C. ACLU Legal Director Katy Parker calls the ban a violation of citizens' First Amendment right to free speech. The letter stops short of saying the ACLU would intends to sue the county over the ban, but it urges the commissioners to abandon it.

The conflict stems from a ban put in place after Jodi Riddleberger, co-founder of the C4GC political action committee, showed a video endorsing Republican candidates in last year's Greensboro City Council race.

Commissioners Chairman Melvin "Skip" Alston, a prominent Democrat, said he found the video inappropriate and pushed for the board to pass a ban on all multimedia presentations during the open public comment portion of the board's meetings.

In her letter Parker notes that Alston has "made derogatory comments" about the conservative group. Since no such ban was discussed before Riddleberger's video, she concludes, the ban appeared to target her presentation and its political message specifically. The fact that Alston later unilaterally prevented Riddleberger from getting on the board's formal agenda to discuss adds further proof to the point, Parker wrote. It also suggests too much discretion is given to Alston as to who can get on the board's agenda, with no formal guidelines in making that decision.

County Attorney Mark Payne has said he considers the ban -- and later, more restrictive rules about who can get onto the commissioners' meeting agenda -- to be restrictions on the "time and manner" of speech that are legal.

Riddleberger, who reached out to the ACLU for legal help, said she's willing to go to court to see the ban rescinded.

"There are a lot of steps between here and litigation," Parker said. "We're hoping they will just abandon this ban, and it won't be an issue."

Contact Joe Killian at 373-7023 or joe.killian @news-record.com

The_Doctor

January 27, 2012 - 3:37 pm EST

The ACLU can say what they like, but it will be the courts who determine if it's constitutional or not. In my legal opinion, for what it's worth, is that the council's rule will stand. It does not stop anyone from making a public statement of opinion or grievance, but only restricts multimedia venues. A person's ability to speak to council has not been taken away. I may be wrong, but the rule seems like it will pass muster.

jackhartjj

January 27, 2012 - 6:36 pm EST

Actually, as I read it, skippy gets to determine what will be shown. So, if it is a pro naacp video, it would in all likelyhood be shown, one by folks that have views different than skippys would not! Is that fair?
Jack

Panacea

January 27, 2012 - 4:31 pm EST

Agreed. The comment period of a county commissioners meeting is an opportunity for LOCAL citizens to stand up and have their say . . . not for lobbying organizations to arm twist legislators with slick video presentations.

sparkeysig

January 27, 2012 - 8:25 pm EST

C4GC – Conservatives for Guilford County, how much more local do you want?

itsallaboutyou

January 30, 2012 - 2:44 pm EST

Ok then if the term "multi media" is being used that should be made to include power point presentations which people use all the time in business and government to give people a much better visual perspective of the points that are trying to get across. It should be a time limit consideration based purely on how much time in total is being allotted to the public speaking portion of the meeting. Some people posting here wouldn't have a problem if this was a pro Obama/Democrat presentation being shown. You'd be taking the other side for sure.

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