Above: NEFAC President Gregory V. Sullivan discusses the policy on WMTW.
The New England First Amendment Coalition called on the Augusta Board of Education today to revise its public comment policies in accordance with constitutional protections for free speech.
The Board of Education policy on public comment requires speakers to state their name and address, to refrain from making defamatory comments, to not speak critically of government officials and to avoid vulgar language.
Any restrictions on speech must be both reasonable and viewpoint-neutral, NEFAC explained in an April 8 letter to Board Chair Martha Witham.
“The First Amendment protects the right to speak anonymously, recognizing that compelled identification can chill expression by making speakers vulnerable to retaliation, harassment, or reprisals for their views,” NEFAC wrote. “Requiring speakers to announce their home addresses on the public record is particularly problematic in this regard.”
As to the types of speech being restricted, NEFAC explained that much of what the policy prohibits is protected by the First Amendment.
“The First Amendment does not permit government officials to suppress speech simply because it is offensive, critical, or harsh,” the coalition wrote. “Some defamatory comments, particularly those that are true, are also protected. As a result, restrictions on speech must contain objective, workable standards so as to prevent arbitrary and discriminatory enforcement. These protections ensure individuals can criticize public officials and demand accountability without fear of censorship.”
In addition to addressing its concerns in the April 8 letter, NEFAC also recently appeared on WMTW to discuss the policy. NEFAC President Gregory V. Sullivan said the ban on criticism of public officials is especially problematic.
“There is no more important protection of speech than when the citizenry is criticizing governmental officials,” Sullivan said. “That’s what the First Amendment is all about.”
NEFAC previously fought restrictive speech ordinances in New Hampshire, first in Nashua in 2023 and then in Manchester in 2025. The coalition also published an audit of speech codes in the state, finding various forms of restrictions that limit public expression during government meetings. Most recently, the coalition protested speech restrictions during public meetings in Stamford, Conn.
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. You can learn more about our advocacy here and explore all our legal briefing and policy letters here.
NEFAC is the region’s leading defender of the First Amendment and open government. The coalition began in 2006 to advance and protect the five freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, and Truro News.