School board meetings have become a primary battlefront in the culture wars; most notably, the public participation period at many of these meetings has grown more contentious, less civil, and has presented a legal minefield for the unwary. School board policies governing public participation, both on their face and as applied, are increasingly challenged in court. Such litigation often implicates First Amendment doctrines such as the state action doctrine, the vagueness doctrine, and the public forum doctrine (including analysis of viewpoint discrimination and the reasonableness of time, place, and manner restrictions). Additionally, such litigation often includes alleged violations of state law (e.g., open meetings laws) and state constitutional provisions. This presentation highlights recent litigation involving both First Amendment and state law challenges to these policies and the actions of school board members as they relate to public participation. As a matter of practical application, the presentation concludes with recommendations for those operating in this increasingly raucous arena.
School board meetings have become a primary battlefront in the culture wars; most notably, the public participation period at many of these meetings has grown more contentious, less civil, and has presented a legal minefield for the unwary. School board policies governing public participation, both on their face and as applied, are increasingly challenged in court. Such litigation often implicates First Amendment doctrines such as the state action doctrine, the vagueness doctrine, and the public forum doctrine (including analysis of viewpoint discrimination and the reasonableness of time, place, and manner restrictions). Additionally, such litigation often includes alleged violations of state law (e.g., open meetings laws) and state constitutional provisions. This presentation highlights recent litigation involving both First Amendment and state law challenges to these policies and the actions of school board members as they relate to public participation. As a matter of practical application, the presentation concludes with recommendations for those operating in this increasingly raucous arena.
Details
Venue
Sparks,NV89431
Organizer
Other