MARSHALL COUNTY, KY — A First Amendment violation: That's what experts tell us may have occurred during a Marshall County School Board meeting Thursday night.
At the meeting, three people attended the meeting to speak during the public comments section, including two students and one retired teacher.
The school board chair told the three they could not say negative comments about any specific member of the administration, including the district superintendent and the school's principal.
However, they could make negative comments about the administration as a whole. They were also allowed to share positive comments if they wanted.
Local 6 checked in with two Louisville attorneys who are First Amendment experts. They told us that public agencies can't pick and choose among viewpoints to be shared during a public comment section of a public meeting.
First Amendment experts say public agencies can't pick and choose among viewpoints to be shared during a public comment section of a meeting.
One of the lawyers called that viewpoint discrimination.
A new Kentucky law also requires local school board meetings to have a public comment period of at least 15 minutes.
"I felt very stifled, and that's kind of the problem with that we've had all along," says Rebecca Phelps. "One of the problems that we've been having is that you can't speak freely without some kind of repercussion. A little stifling."
Phelps is a retired Marshall County business teacher. She went to the meeting Thursday night to express her opinions about specific people in the administration. However, she was unable to do that because of school board protocol.
"The clear First Amendment case law says the agency can't pick and choose among the viewpoints that it wants to allow, it wants to be expressed at the meeting," say Michael Abate, a lawyer with Kaplan Johnson Abate & Bird in Louisville. "So you couldn't have a rule that says only comments complementary of the school board or employees of the school."
A new Kentucky law requires local school board meetings to have a public comment period of at least 15 minutes.
Abate specializes in First Amendment law.
He says the First Amendment overrides what the school board's processes are when it comes to free speech during public comment.
"I realize that the state statute says any policies that apply to the school board's own discussions also apply to comment time, but the statute can't override the first amendment," say Abate.
Gracie Gideon is a student at Marshall County High School. She says her inability to express her thoughts changed what she had intended to say.
"I really don't have any hard feelings towards the administration as a whole, but that's what it seemed like last night whenever I had to talk," say Gideon.
We also spoke with attorney Martin Johnson, who represents the Marshall County School Board.
He say there is protocol in place. Johnson say if specific people in the administration are attacked, the school board wants them to be able to defend themselves.
When we asked him to provide Kentucky attorney general opinions that he claims back up that protocol, he hung up.
