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Julian's avatar

If they had just painted over/washed away the chalk and ignored Kevin no one would be talking about this any more. Instead we are in the second, almost third week of this being in the news. Not a smart move from the city regardless of their motivations.

I find it telling that Pinkston and the City are so concerned about "ad hominem" attacks instead of engaging with the substance of Kevin's complaints (which i suspect they know are correct). Nothing about Kevin's comments were ad hominem. He opined on the traffic managers effectiveness at his job and the priorities his actions have demonstrated. This is not an ad hominem! It is relevant to the traffic managers position with the city and the topic at hand!

Even if it is an ad hominem, i don't think the city has a right to police this speech:

"Several courts have applied the public forum doctrine and First Amendment principles to invalidate policies that unnecessarily limit speech during public comment periods. For example, in Baca v. Moreno Valley Unified School District (C.D. Cal. 1996), a federal district court in California invalidated a school board policy that prohibited individuals during a public comment period from making “charges or complaints against any employee of the [school] District.” The court held that this content-based speech restriction could not withstand First Amendment review and impermissibly impacted the rights of speakers and those in the audience who wanted to listen to them.

The U.S. Court of Appeals for the Sixth Circuit invalidated a school board policy that restricted so-called “abusive,” “personally directed,” and “antagonistic” public comments during board meetings. The appeals court explained in Ison v. Madison Local School District Board of Education (Sixth Cir. 2021) that these restrictions “prohibit speech because it opposes, or offends, the Board or members of the public, in violation of the First Amendment.” Furthermore, the Sixth Circuit noted that a review of the video evidence showed that the speakers in question actually spoke in calm, measured tones rather than engaging in disruptive behavior as claimed by school officials."

from: https://www.thefire.org/research-learn/first-amendment-protections-public-comment-government-meetings

I think its highly inappropriate for Pinkston and the city spokesperson to accuse Kevin of ad hominem attacks.

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Jeff Fogel's avatar

Cox should have been given a summons and not arrested. Who made the decision to arrest him and why?

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