Some residents in Rutherford County say a proposed policy change to public comments at school board meetings could infringe on their First Amendment Rights.Current Rutherford County School Board policy allows attendees to make public comments without prior notice and without the topic being on the agenda.¶
The board is considering changing both by requiring advance notice for public comments that must align with topics on the agenda.Parents told board members at Thursday night’s meeting that they believe restricting public comments to only agenda items limits the community’s ability to address issues, share feedback, and engage in crucial discussions.¶
“As a devoted member of our community and as a parent deeply invested in the education of our children, I firmly believe that open dialogue and transparency are the bedrock of effective governance. While I acknowledge the importance of maintaining order and efficiency, I implore each of you to carefully consider the profound implications of such a decision on our Democratic values,” said Parent Robert Brooks. “Our community must have the opportunity to address the board on topics vital to the overall well-being and success of our schools.”¶
Parents also referenced a recent event where the ability to discuss various topics at school board meetings led to a positive outcome. Earlier this month Stephen White Eagle addressed the board to fight for his son’s right to wear an eagle feather in his graduation cap. The board approved a motion to grant that request.¶
“The First Amendment guarantees us the right to express ideas and information without government restraints. So, on a basic level and understanding, it means that people can express an opinion – even an unpopular or unsavory one – without the government’s censorship,” said resident Tammy Kelly. “This proposal that the school district is considering, with restricting public speech, is clearly an attempt to censor the public and what they can address and when. There is no transparency in this type of censorship, and it is a dangerous slope to go down.”¶
The proposed policy change is an attempt to align with a new state law that went into effect last July. Under the new law, a governing body is to reserve a period for public comments so the public can speak on matters relevant to the items on the meeting agenda.The legislation does not state that topics are limited to only what is on the established agenda.¶
Board member Frances Rosales reassured the public that the board isn’t trying to infringe on anyone’s First Amendment rights, and that the point of the bill and the policy is to establish order in the meeting.¶
“It does not state here that anyone’s rights are being limited, it does not state here that your constitutional rights is limited. It brings order to the meeting. That’s what this aim and goal is about,” said Rosales.¶
Multiple board members spoke against the proposed change.Caleb Tidwell was among them and urged the rest of the board to oppose the policy change.¶
“I am for individual’s right to speak. What other district’s do, what the city does, what the city council does, what the county commissions, what other school districts do? Makes no difference. I am sitting as a board member on Rutherford County Schools. Not Rutherford City Schools, not Rutherford City Council, we’re Rutherford County Schools. With that being said, I will unequivocally not support this, and I urge the rest of the board members to do the same,” said Tidwell.¶
