July 01, 2005
Pierce County limits free speech

As reported in The News Tribune today, Pierce County Council members approved an ordinance earlier this week that says citizens who speak at public council meetings "may not attack or make any allusion to the motives of any council member."

What it means to "attack" is apparently left to the discretion of the council chairman, who can have violators silenced or thrown out.

Tribune reporter Aaron Corvin summarizes one of the "incidents" that led Councilman Terry Lee to compare meetings to the Jerry Springer show. It seems last year a couple of citizens "admonished some council members for taking campaign contributions from developers before making decisions favorable to those developers."

Another time, in 2003, someone was rude.

Yep. Definitely gotta shut those citizens up.

The new rule was approved in a 4-0 vote by council members Terry Lee, Roger Bush, Dick Muri and Tim Farrell. All of these guys need to develop thicker skin and a healthy respect for free speech.

Posted by Marsha Michaelis at July 01, 2005 03:47 PM | Email This
Comments
1. Marsha, they need to develop new interests that don't include serving in public office.

Posted by: South County on July 1, 2005 03:51 PM
2. No kidding. If you can't take the heat, get off the council!

And as for the "allusion to the motives of any council member"... How dare they try to shield themselves from a layer of accountability!

Posted by: Jeremy on July 1, 2005 04:00 PM
3. This isn't really surprising. If you are an individual in Pierce County trying to build a house on your 10 acre plot, it is mysteriously 'wetlands' or some other lamo zoning issue for 10 years of crap-

But if you are a developer ramming houses every 5 feet- wow it's amazing how unimportant that land might suddenly be.

I suspect the pockets are VERY well lined up there in the meth capital of the country.

Posted by: Andy on July 1, 2005 04:04 PM
4. Our government is trampling on our rights...this is your liberal government...stepping all over our rights!

People should not be beligerant, but civic officials need to answer questions that are tough and that have passion. I can't believe that this City Council (soon to be non-city council) would be so brazen to try and stifle public debate.

Same with the so-called judge that ruled that talking about I912 on the radio is a "in-kind" contribution to NoNewGasTax. Does that also go for any reference then to Keep WA Rolling?

The ACLU should be jumping up and down on both these issues, but they won't because they believe in Socialist Dictatorships. Motto: Everyone should be the same and free, except us, who should rule over everyone because we know best.

Posted by: Shut your damn yapper! on July 1, 2005 04:13 PM
5. Sadly, Tim Farrell was an aide to Sen. Jim Kastama before he "jumped" to the council. He sure did not appear to have such a thin skin when he was down in Zeroville.

Posted by: platypus on July 1, 2005 04:18 PM
6. Must not criticize the comrade chairman now. Do we need to re-educate you in the proper decorum when speaking to your dear leaders. Tsk Tsk, we had such hope for you, but your counter revolutonary tendencies need to be mitigated.

Jeeze book me a boat to Cuba.
/sarc off

Posted by: JCM on July 1, 2005 04:20 PM
7. So we're not allowed to impugn their motives, eh?
Can we still insult their intelligence or would that fall under the "attack" clause?

Posted by: Nathan Azinger on July 1, 2005 04:41 PM
8. I would love for somebody to explain why, even arguably, this content-based restriction of political speech doesn't violate the First Amendment and Washington's constitutional speech rights. Maybe it's that the council doesn't have to allow any public comment in their meetings, so when the do, they can restrict it. Regardless, it's shady, and the council's constituents shouldn't stand for it. [Speaking of restrictions on speech, I just tried to describe the constituents' probable feelings with a word that rhymes with "hissed" but begins with a "p" -- tame stuff, I would say -- and the software wouldn't let me post.]

Posted by: Marcus on July 1, 2005 04:59 PM
9. All citzens of Pierce county "Shall" be required to attend sensativity training ( at their own expense)before they will be allowed into the council chambers.

That should fix you pitch fork yielders!!!

Posted by: Jim L on July 1, 2005 05:11 PM
10. Lovely statement Nathan. Notice how the politicians are insulating themselves from public scrutiny the last several months?

Posted by: PC on July 1, 2005 05:36 PM
11.
This is unbelievable and frightening, to boot!
Sounds like it's right out of the Hate Crimes Handbook. How does one define "attack"? Raising one's voice? Disagreeing? And how do you "make any allusion to the motives of any council member"? How do you NOT make an allusion to the motive of a council member? Isn't a constituent concerned with knowing how a council member stands on an issue? How far does that fall from the concept of "motive"?

This is so ludicrous! I can just see some wimpy council member saying to some person he disagrees with, "No, I won't listen to you. You attacked me just now."

Some of the people who support this kind of thing, would be well served by reading about the rise of socialism/Communism in China in the 20th century.
Free speech was offered up on a dinner platter in that country.

Posted by: Beth Berner on July 1, 2005 05:43 PM
12. Roger voted for this? Normally he's more rational than that.

Posted by: scott158 on July 1, 2005 06:10 PM
13. Where's the ACLU when you need 'em?

Posted by: Regret on July 1, 2005 06:13 PM
14. "Gentlemen! Excuse me gentlemen. I expect some good home training."

Posted by: Tucker on July 1, 2005 06:22 PM
15. ACLU is still looking for votes in Ohio and soggy quorans in GITMO

Posted by: Jim L on July 1, 2005 06:52 PM
16.

Stefan:

I'm rolling on the floor reading the stories about Don Young in your column. Keep up the good work. This is VERY revealing. Mike.

Posted by: Mike on July 1, 2005 06:56 PM
17. Some needs to challenge this in federal court on free speech grounds.

The scary thing is that this is where the democratic party seems to be headed. Selective silencing of discourse.

Posted by: BananaLand(aka Iguana) on July 1, 2005 08:01 PM
18. They only have four people on the council? Regardless, they all need to be voted out. That's outrageous.

Posted by: Michele on July 1, 2005 08:05 PM
19. Why? Marcus, you asked Why? They are the elected. The elite. Above reproach. Their motives are pure. They have the best of intentions for how you will live your life, spend your money, use your property. The are merely the humble public servants, toiling away for the good of the masses.

HOW DARE YOU QUESTION THEIR MOTIVES!!!!

Posted by: jcm on July 1, 2005 08:49 PM
20. while I agree with many of you that the rule is incorrect, I don't believe it violates the First Amendment (as applied to the States via the 14th Amendment). Limits on speech in public places are common (can't misleadingly yell "fire" in a crowded theater; can't stand up in the middle of a public school classroom and interrupt the teacher... it's destructive, and inciteful).

Reasonable limits can be placed on a citizen's "outbursts" at a council meeting.

What I don't agree with is the arbitrary fashion with which this rule may be enforced. I say, let them say what they want... You fight 'bad speech' with 'good speech.'

But, you asked a legal question, and I don't think there is any First Amendment violation here - just a common sense, 'wimp factor' violation.

Posted by: YourGovernorCostsMillion$ on July 1, 2005 11:47 PM
21. Seeing the wringing of hands and gnashing of teeth this issue has caused perhaps a bit of perspective is needed. I've covered more than my share of public meetings and it is permissible for council members to limit the time and subject of public comments and this has always been the case. I know it's popular to set up a straw man to knock over especially when you can complain about big government not listening to you but in this matter, Pierce County is legally and morally in the right.
Ordinance 1.28.050 of the county code states that "Public comment on any other items on the agenda shall be at the discretion of the Chair." Speakers get three minutes to talk with twenty minutes total on each subject.
What's salient to this issue, the ordinance states (which was last modified I believe in either 96 or 99) "Under no circumstances shall any person be allowed to ... speak in a slanderous, libelous, or disorderly manner, or otherwise malign any individual."
Impugning someone’s character about campaign contributions falls under the above or at least that’s how I learned it in first grade.
With that said, I'm not certain why the Pierce County Council needed to pass another ordinance when there was already one in its place and which is already strong enough to deal with these concerns.
And as further admonishment, I'd wager that the majority of those bellyaching about this have never gone to a city or county council meeting or if so not in the last year because there is never anyone in the audience except media members and county employees.

Posted by: ReporterWard on July 2, 2005 12:41 AM
22. They need asbestos underwear.

Glad I left Pierce County 15 years ago, and no longer hold elective office there.

"Colorful" commentary, including outing of politician's motives, is always fair game. Guess it will be a new day in the People's Republic of Pierce.

Bring back the three person County Commission, when stuff got done, give and take was legitimate, and you actually knew those who represent you.

Posted by: The Geezer on July 2, 2005 06:15 AM
23. That’s frightening. I have lived long enough to recall other societies that banned dissent and free speech. Such names as Nazi Germany, Fascist Italy, the Soviet Union, Red China and Castro’s Cuba come to mind. The events in that state are very disturbing.

Posted by: RPlat on July 2, 2005 06:46 AM
24. ReporterWard - That's an interesting perspective.

Between the "wringing of hands and gnashing of teeth" and the "bellyaching", you'd wonder why these folks would care at all how draconian the measures our local governments might impose upon the peasants.

I would be curious as to the elementary school you went to - the one I attended was more interested in a curriculum of shapes & colors, primary counting, etc. for 1st graders than campaign contributions.

You little scold does have a point in that moderators of a public meeting must maintain decorum. No one question is questioning that.

And public officials do have the prerogative to make rules - even stupid ones.

But your last point is probably your most insightful one: we don't care because we don't attend. Bullsh!t

I've been to city council meetings where the location is changed at the last moment (and without notice). I've been to meetings where I was the only one in the audience (where were you?). So what? Do I have to type more slowly so that you can "digest" it? The point of this thread is about the mindless invocation of rules meant not to enhance, but punish. They aren't even reacting knee-jerk - they are being pre-emptive. How would you react if they decided to limit access to the press?

If Stefan were to impose the same sort of illogic as the Pierce County Council did, you could be censured and removed from this blog for calling names. What sort of sense does that make?

Posted by: alphabet soup on July 2, 2005 08:54 AM
25. ReporterWard,

You "are not certain why the Pierce County Council needed to pass another ordinance when there was already one in its place and which is already strong enough to deal with these concerns?"
Come on Reporter, wake up, you know very well why.

You'd "wager that the majority of those bellyaching about this have never gone to a city or county council meeting or if so not in the last year because there is never anyone in the audience except media members and county employees."

Utterly irrelevant and spurious argument (If a tree falls . . . and no one is there . . . ).

Reporter," while you may mean well, your comments are gratuitous and if you consider yourself astute at all, they insult your own intelligence. “Impugning someone’s character” about campaign contributions is so subjective and hopelessly vague as to effectively prohibit any discussion of the subject.” “Speaking in a slanderous, libelous, or disorderly manner, or otherwise maligning any individual,” merely covers most all of the vague nebulous bases otherwise not aforementioned that can and will be used to stifle discourse."

You are being disingenuous and you know it. Quit pretending to be the high minded “voice of reason,” defending the indefensible at least until you have a real argument. Not that it matters, but I have testified in many public hearings and if you are true to your word, you have no doubt heard me speak. It is one thing to demand and enforce reasonable decorum; quite another to stifle opposition.

These rules are designed expressly to stifle opposition.

Posted by: Amused by liberals on July 2, 2005 02:12 PM
26. If you continue to have doubts on this issue read the Pierce County code. It's available online on the Pierce County website; take a read. Ordinance 1.28.050 specifically deals with County Council meetings and the taking of public comments. As near as I can tell, this ordinance has been in place unchanged for at least ten years, (no doubt much longer), and is almost similar to the rules in place that you'd find in any school board, fire and PUD commissioner, town, city, or county council meeting.
Having covered several hundred of these types of meetings in Pierce, King, Snohomish, Thurston, Lewis and Chelan counties I've learned to deal with facts and not rhetoric. And unless someone can furnish any additional information pertaining to the governance of public meetings to the contrary; my opinion is the law backs Pierce County in this instance.
Once again I'll add the only thing odd about this issue is not that the council chair can limit the amount of comments taken from the public but why they needed to pass a new ordinance to do so when one is already in place.

Posted by: Reporterward on July 2, 2005 04:29 PM
27. With apologies to William Shakespeare, a paraphrase of Antony's funeral oration from Julius Caesar seems appropriate since the Pierce County Council has killed free speech and the rights of citizens to petition the government for redress of grievances (the good, 'ol First Amendment).

Kind of reminds me of the Kirkland City Council (I almost got hauled out of a Council meeting by a cop three months ago when a friend and I guffawed at something stupid the mayor said about how wonderful Tent City 4 has been (She's never read a newspaper, that mayor).

Again, with apologies to Willie the Shake:


ANTONY
Friends, Tacomans, countrymen, lend me your ears;
I come to bury criticism, not to praise it.
The evil that men say lives after them;
The good is oft interred with their bones;
So let it be with criticism. The noble Council
Hath told you criticism is discourteous:
If it were so, it is a grievous fault,
And grievously hath criticsim answer'd it.
Here, under leave of the Council and the rest--
For the Council are honourable men;
So are they all, all honourable men--
Come I to speak at critcim's funeral.
It's a citizen's right, Constitutional and just to all:
But the Council says it is discourteous;
And the Council are honourable man.
Criticism hath brought many issues home to voters
Whose ballots did the general election tally:
Did this in criticims seem discourteous?
When the electorate have queried, criticism hath been the way:
Courtesy should be made of sterner stuff:
Yet the Council says it is discourteous;
And the Council are honourable man.
You all did see that in Pierce County
Citizens often questioned the Council,
Which the Council did refuse: was this discourteous?
Yet the Council says it is discourteous;
And, sure, they are honourable men.
Citizens speak not to disprove what the Council thinks,
But here citizens speak what they do know.
They all did have rights once, not without cause:
What cause withholds them then, to mourn for free speech?
O freedom! thou art fled to brutish politicians,
And men have lost their rights. Bear with me;
their rights are in the coffin there with liberty,
And they must pause till they come back to them.



Posted by: Scott, The Mad Piper on July 2, 2005 09:10 PM
28. It would appear, Reporterward, that it is you that has "doubts on this issue". I cannot tell what those doubts are (nor do I care particularly), so I view it with curiosity that you would continue to defend it.

Each time you post, you prove my point for me. What the council did (in essence) was no different than to rule that "you may not offend us".

Like demanding teats for a bull, there was no legitimate impetus or rational for imposing this rule.

You said:

(1.) "With that said, I'm not certain why the Pierce County Council needed to pass another ordinance when there was already one in its place and which is already strong enough to deal with these concerns."

(2.) "Once again I'll add the only thing odd about this issue is not that the council chair can limit the amount of comments taken from the public but why they needed to pass a new ordinance to do so when one is already in place."

Sounds like you agree with me!

Further, and probably most importantly, they prohibit any utterance from any mere mortal who would dare; "make any allusion to the motives of any council member ". My dictionary defines allusion as "Passing reference or indirect mention". Do you recognize how open-ended the interpretation of this rule is?!! This completely supercedes slander or libel - it can include any statement that includes a councilman's name!

If in fact you are a journalist (as your poster alias would imply) or at all interested in protecting the First Amendment rights of citizens to exercise their right of free speech (as most liberals claim to do), you would see the profound problems that this rule sets up.

I realize that liberals have a short attention span, and that you have likely scurried along to your next screed, but, should you happen to stumble back to this thread, could you please answer why you would want to squelch your fellow citizens?

Posted by: alphabet soup on July 3, 2005 10:55 AM
29. ReporterWard,

I’m glad you are such a good advocate for our interests as citizens. Thanks for pointing out that simply because something may have been wrong for a very long time, it is now acceptable. Dried blood eventually turns black, but it remains nevertheless - blood. It comes as no surprise to me that the reason why Pierce County is enacting a redundant harm anew eludes you. Besides, you don't live in Pierce County or have an ax to grind there, so it doesn't matter to you. Nevertheless other localities (as you probably well know) enact and enforce similar rules. Why justify and applaud them?

JOE PODUNK COUNCILMAN: “Comprehensive regulation of speech is an appropriate thing for localities and if I (as a local official) don't like what is being said in a public meeting about public matters, I don't give a damn if anyone likes it or not, mostly because I don’t have to. see Ordinance 1.28.050 Further, as a matter of convenience to me and my agenda, I can and do require that speakers fill out a form before-hand, summarizing what I they intend to say, and if I don't like it I simply refuse them permission to speak. If they vary from this "script," in any way during their comments, I simply cut them off. If they say anything more, I will have them removed and/or arrested for breach of the peace and then fined [great revenues].”
“I like this because it prevents people from wasting MY time making comments that are superfluous or contrary to the elite wisdom of pronouncements I make.”

“I know that this is expressly contrary and violative of the first Amendment to the Constitution because I heard that somewhere, but I don’t give a $hit because no one that ever testifies here has the wherewithal to constitutionally challenge it except the ACLU and they don’t care because the interests my breach protects are not generally liberal ones. When or rather if they become specifically liberal, you can damn well bet they will be challenged, especially if the subject matter is race, gender, so-called CHRISTAIN religious expression, property ownership issues, or other liberally approved suspect classes of subject matter purportedly protected under 14th amendment substantive due process rather as incorporated by 1st amendment speech. All hell will break loose and Freedom of Speech will suddenly mean something.”

Time and history have proven that while the subject matter changes the principal stands. Rules designed expressly to stifle opposition work direct harm eventually against all sides of any polemic. The right is NOT abusing them federally though given the same overarching power they could, and the left should not use them locally.

Don’t worry though, you don’t need to comment, just let those you ELECTED do your bidding. They have your best interests at heart.

Posted by: Amused by liberals on July 3, 2005 11:16 AM
30. More snobbery from the elite ruling class, including liberal activist judges. What a bunch of @#$%^&*! communists! This is straight out of the USSR. I hope they throw out someone who has the financial means to challenge this in the "Bush Supreme Court"...provided Bush has the nads to actually give the democrats the big middle digit and nominate Gonzales or someone similarly conservative.

Posted by: Scott C on July 5, 2005 12:54 PM
31. I just wanted to take the opportunity to say:

Happy Birthday to a great American: George W. Bush!

Posted by: alphabet soup on July 6, 2005 06:07 PM
32. My father was a state senator, Republican of course, in the 30th district. I could never be a politician because of the rudeness. Especially democrats!!! You should never be in the political arena unless you skin is very thick. Just look at the things they have said about George Bush.

Posted by: RussS on July 8, 2005 03:18 PM
33. I love all the comments above, decrying those DAMN LIBERALS. Sweet. None of the decriers apparently read the news story: 3 Republicans and 1 Democrat did the voting.

Posted by: Jud on July 8, 2005 03:22 PM
Post a comment
Name:


Email Address:


URL:


Comments:


Remember info?