Welcome to

Florida is considered a national leader in open government, but two recent court decisions draw that title into question. Local officials are required to meet in the open, they are not required to listen to the public. Yet. State lawmakers want to make sure you can speak your mind.

Father Nathan Monk thought he had a right to speak his piece to the Pensacola City Council. The date was December fifteenth 2011. He was there to criticize the council for throwing three people out of the meeting the week before.

“That was a sick and gross abuse of power.”
“Your time is up..sit down.” He was told by the chairman.
“No. I have a minute and twelve seconds left” he replied.
“I’m ruling you out of order” said the chair.
“Well, I am absolutely within order” responded Monk.

First one..then two and finally three officers approached the podium. Monk was nearly arrested, but stood his ground until his time expired.

One council member left the meeting in anger. “I will be outside” she chimed from the dais.

Turns out Monk had a legal right to be at the meeting, but not speak. At least two courts have said Yes, you can come to a meeting, but no, you don’t have a right to talk. The rulings baffle first amendment advocates.

“When I first read it, I was like What!” says Barbara Peterson, President of the First Amendment Foundation in Tallahassee. “How can you have a representational democracy and not let the citizens speak?” she asks.

Two bills are currently moving through the state legislature. Both would require local governments to listen. Sen. Joe Negron is the sponsor of the Senate legislation. “And I can’t think of anything more fundamental. To me its up there with the right to a jury trial, the right to vote. the right to speak is out first amendment right” says Negron

Even with the legislation local boards will be able to set limits on speech, but they will be required to hear citizens. The bill would let local governments allot time to citizens or groups of citizens and to consolidate the time for either side of an issue.