How Far Can a Citizen Go in Criticizing Government Officials?
The First Amendment protects a citizen’s right to petition
the government for redress of grievances including the right to complain about
the decisions and actions of government officials. At what point,
however, do complaints stop being legitimate criticisms and begin to
intentionally inflict emotional distress or constitute harassment and
defamation? That question and others may come before an Illinois court
soon in a case filed by school district officials against a persistent critic.
On December 27, 2018, the Waukegan Community School District
No. 60 board president, superintendent, and attorney filed a lawsuit against an
individual who, they claim, persistently criticized them at board meetings, in e-mails,
by phone, on Facebook, and face-to-face in public places. According to
the plaintiffs, the criticisms consisted of dozens of false
statements, threats, and related conduct. They seek $2,000,000 in
damages for intentional infliction of emotional distress, interference with
contract and business relations, harassment through electronic communication,
fraud, defamation, false light, and invasion of privacy.
The defendant, a candidate for alderman in the City of
Waukegan, claims the lawsuit is an “attempt to chill my speech based on my
message” and that she has a First Amendment right to speak on matters as both a
citizen and a taxpayer.
Speech critical of the government has
been the subject of numerous Supreme Court cases since 1900 especially during
periods of heightened concern for public safety such as during war time and
following 9/11. The use of Facebook and other social media sites to
petition the government is a relatively new phenomenon, however, and this case
may break new ground if it advances to trial.
You can read the complaint here.
Post Authored by David Warner, Ancel Glink
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