Free speech

As mayor of Topeka, your ability to speak freely is protected by the First Amendment, but it is not absolute. The city cannot control what you say about its operations, but your speech can be limited in certain, specific contexts related to your official duties. [1, 2, 3, 4, 5]  

Free speech protections for a public official 

• Broad protection for political speech: As an elected official, your "political speech," including criticism of government operations, receives the highest level of protection under the First Amendment. A core purpose of the First Amendment is to ensure open discussion of governmental affairs. 

• Official vs. private speech: A recent Supreme Court case, Lindke v. Freed (2024), clarified the line between a public official's official and personal speech, particularly on social media. 

 • Official speech occurs when you are acting under the authority of your office. The city can impose limits on this speech. 

 • Private speech is when you speak as a private citizen. The city has no power to control this speech, even if it is about city matters. 

 • Mixed capacity speech: If your social media page or platform includes references to your official position and city links, First Amendment protections apply, and the city cannot control it simply because it finds the message disagreeable. [2, 3, 4, 6, 7]  

Specific contexts where speech can be limited 

• Rules of procedure: As is standard for most city councils, the Topeka Municipal Code authorizes the governing body to adopt its own rules of procedure for meetings. These rules can set reasonable, non-viewpoint-discriminatory limits on speech to maintain order during meetings. For example, a chair may cut off irrelevant or disruptive comments, regardless of who is speaking. 

• Decorum in meetings: While you have a right to speak freely on policy matters, courts have upheld the ability of elected bodies to censure members for disorderly or disruptive speech that substantially interrupts proceedings. 

• Statements with official authority: Certain speech, when made in your official capacity, can be limited. For example, if a statement is interpreted as an official act, it may be subject to different rules than expressing a personal opinion. 

• State and federal law: Speech can be limited by specific laws, such as regulations on campaigning or ethics codes that prohibit using your official position for personal gain. [1, 4, 7, 8, 9, 10]  

Key considerations 

Ultimately, the city cannot force you to speak or refrain from speaking simply because it disagrees with your message. However, as an elected official, you must navigate the difference between your protected political speech and potential restrictions on your speech within formal government procedures. [4, 9]  

AI responses may include mistakes.

[1] https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2024/08/Guidance-on-Public-Meetings.pdf[2] https://vml.org/wp-content/uploads/2017/06/FreeSpeech_LegalRes_1.pdf[3] https://www.aclukansas.org/know-your-rights/blocked-social-media-government-official/[4] https://firstamendment.mtsu.edu/article/political-speech/[5] https://case-law.vlex.com/vid/greer-v-spock-no-884966843[6] https://www.thefire.org/research-learn/first-amendment-protections-public-comment-government-meetings[7] https://www.nhmunicipal.org/town-city-magazine/new-hampshire-town-and-city-may-june-2024/hr-report-official-speech-or-personal[8] https://s3.amazonaws.com/cot-wp-uploads/wp-content/uploads/sites/4/2017/GoverningBodyRules.pdf[9] https://mrsc.org/stay-informed/mrsc-insight/july-2020/when-1st-amendment-rights-public-meetings-clash[10] https://knightcolumbia.org/content/forced-unanimity-and-the-first-amendment

Henry McClure  
785.383.9994
sent from mobile 📱
time kills deals