Johnson County Kansas to vote on abridging free speech on Friday
Resolution would restrict "harassing or redundant electronic communications"
Update 12:45 PM, Aug. 10:
“Compelling county interest” trumps #FreeSpeech as JoCo KS Board of County Commission votes to limit free speech in electronic communications effective today. Vote was 5 to limit free speech, 2 to support free speech.
Chair Mike Kelly: Idea behind policy is to "protect" the staff.
Sheriff Calvin Hayden: “Checks and balances are in place for a reason.”
Perhaps the Johnson County Board of County Commissioner should re-read the 1st Amendment to US Constitution before their meeting tomorrow.
1st Amendment to US Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
An item was added to their agenda to consider adopting a new administrative policy “pertaining to Disruptive Electronic Communication to be effective August 10, 2023.”
Agenda
Online Agenda for Aug. 10, 2023 meeting.
Briefing Sheet
The Briefing Sheet says:
“This policy provides a non-judicial means to assist in preventing the misuse of County’s electronic communications systems by external actors that can negatively affect employee productivity and the work environment and expose the Count to liability”
“The purpose of this policy is to establish standards for the County to block or quarantine email, telephone calls, and text messages by persons or organizations who misuse them or may elect not to respond.”
The county seems to be ignoring the fact that “external actors” are US citizens with constitutional rights.
Apparently the County feels it can delay processing of Kansas Open Records Acts requests by temporarily impounding requests:
“Email segregated in this manner will be reviewed periodically to determine whether it contains a request for records pursuant to the Kansas Open Records Act.”
Read the Briefing Sheet:
Proposed Resolution
One of the “whereas” clauses shows concern for “persistent redundant communications on a topic that has been addressed.”
Where is that in the 1st Amendment? If you press a point twice is that “persistent”? Is it redundant? Is it redundant?
Read the Proposed Resolution:
Proposed Administrative Procedure 140.110 - Disruptive Electronic Communications
The proposed administrative procedure explains “electronic communication systems … are not intended for use as a forum for public discussion.” How is that possible?
“Misuse of the County’s electronic communication systems … can disrupt the effective and efficient operation of County government …”
Can’t most citizen petitions for “redress of grievances” be considered to “disrupt the effect and efficient operation of County government?”
Read the Proposed Administrative Procedure
It’s already too late to submit a registration form to speak at the Public Comment Period tomorrow.