BarbriSFCourseDetails

Course Details

This CLE webinar will provide counsel a thorough discussion of the First Amendment legal challenges facing municipal governments. Public comment regulation, protest management, and social media use by public officials all face increased scrutiny. When cities, counties, and school boards regulate speech in public forums and digital spaces, legal counsel must ensure their clients' policies withstand constitutional review while preserving order and operational continuity.

Faculty

Description

Municipalities are experiencing an uptick in public meeting disruptions, claims of viewpoint discrimination, and litigation over censorship in council chambers and online platforms. Recent Supreme Court decisions—such as Lindke v. Freed—have further clarified the boundaries of elected officials' social media as public and private speech. Governments must create content-neutral protest regulations respecting First Amendment rights, balancing enforcement and maintaining public safety.

This program will discuss the various legal doctrines, including the public forum doctrine, time-place-manner restrictions, and emerging standards for online speech moderation. Panelists will guide drafting compliant policies for public comment, speaker removal, and protest permitting.

Listen as our expert panel navigates the intersection of free speech, public order, and municipal governance. The panel will review case law, offer strategies for drafting and enforcement, and provide guidance on how to advise municipal organizations on First Amendment compliance in a challenging public environment.

Outline

I. Introduction

II. The public forum doctrine and its application

A. Traditional, designated/limited, and non-public forums

B. Key U.S. Supreme Court cases

III. Regulating protests and public demonstrations

A. Time‑place‑manner restrictions

B. Licensing and permits

C. Advice for counsel

IV. Public meetings and comment policies

A. Free speech protections

B. Drafting compliant policies

C. Handling disruptive conduct

V. Social media and government accounts

A. Online forums

B. Legal developments

C. Best practices

VI. "Cancel culture" lawsuits and library content disputes

A. Library materials

B. School boards

C. Counsel strategy


Benefits

The panel will review these and other important issues:

  • Traditional, designated, limited, and nonpublic forums
  • Legal standards for content-neutral time, place, and manner restrictions
  • Public comment policies that comply with First Amendment protections
  • Evaluating legal risks and constitutional considerations when removing disruptive individuals
  • Analyze recent Supreme Court decisions, including Lindke v. Freed and Garnier
  • Practical strategies for advising municipal clients