Kingston, TN asked in Civil Rights, Gov & Administrative Law and Municipal Law for Tennessee

Q: Am I required (by law) to state my name and address before speaking in a School Board Meeting as a member of the public?

The Tennessee Open Meetings Act, also known as the Sunshine Law, requires that public policy and business be conducted openly, not in secret. The law applies to all meetings of governing bodies, including county commissions, city councils, and school boards.

Public comment periods: Governing bodies must reserve time for public comment on agenda items.

The Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment.

Do citizens have to adhere to a "policy" set forth by board members, or can they exercise their 1st Amendment rights to speak anonymously, as to not be retaliated against based on their viewpoints?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Tennessee, when you attend a school board meeting and wish to speak during the public comment period, you are generally required to provide your name and address. This requirement stems from the Tennessee Open Meetings Act, which ensures that public meetings are transparent and that the records reflect who participates in discussions. By identifying yourself, you help maintain accountability and allow the public to be informed about who is contributing to the conversation.

While the First Amendment protects your right to free speech, including the ability to express your opinions, it does not necessarily grant the right to speak anonymously in all public settings. School boards and other governing bodies can set policies that require identification to participate in meetings. These policies are typically in place to prevent potential misuse and to uphold the integrity of the public discourse.

However, if you have concerns about retaliation or safety, it might be worth discussing them with the board ahead of time or seeking legal advice. There are sometimes exceptions or additional protections available, but they can vary based on specific circumstances and local regulations. Ensuring that you understand both your rights and the meeting’s requirements will help you effectively participate while safeguarding your interests.

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