Galena v. Leone, 638 F.3d 186; 2011 U.S. App. LEXIS 7562

The ejection of a resident from a council meeting for attempting to object to the council's procedure is not, per se, a first amendment violation.

The resident alleged that the chairperson ejected the resident from a council meeting when he attempted to object to the council's procedures. The resident spoke outside the portion set aside for public comments. The resident claimed that the chairperson acted with intent to suppress the resident's speech based on his views and identity. The court of appeals found that the resident waived a claim of violation of the Pennsylvania Sunshine Act, 65 Pa. Cons. Stat. § 701 et seq. (2000), and any violation of the Act would not per se infringe on the resident's First Amendment rights. The evidence could not support a finding that hostility to the resident's viewpoint motivated the chairperson's action as the chairperson ruled the resident out of order and attempted to silence him before he was ejected. In addition, there was no evidence that the chairperson acted out of animus toward the resident.

Case Law Alert - 3rd Qtr 2011