They asked Barrett to issue a temporary restraining order and preliminary injunction to stop the district from requiring in-person registration and enforcing a policy section that says the presiding officer may “interrupt, warn or terminate a participant’s statement when the statement is too lengthy, personally directed, abusive, off-topic, antagonistic, obscene or irrelevant.”
Barrett determined the school board’s policy was proper. The 6th Circuit Court of Appeals decided the board’s policy for the most part was constitutionally sound but restricting “viewpoint speech” is wrong.
“The restrictions on ‘antagonistic,’ ‘abusive’ and ‘personally directed speech’ prohibit speech because it opposes, or offends, the board or members of the public, in violation of the First Amendment,” the opinion reads.
The court remanded that part of the case back to Barrett to determine monetary damages.