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Ban on "Personal, Impertinent or Slanderous Remarks" in City Council Public Comments Is Unconstitutional

So the Fifth Circuit held a few weeks ago.

Eugene Volokh | 7.15.2026 8:01 AM

In Merriott v. City of Bossier City, decided June 25 by Judge Irma Carrillo Ramirez and joined by Judges Edith Brown Clement and Dana Douglas struck down a City Council public comment policy that

Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the President Pro-tem, barred from further audience before the Council unless permission to continue by [sic] granted by a majority vote of the Council.

The opinion is long, but here's an excerpt of the analysis that holds that the policy is overbroad:

"Personal" is ordinarily understood to mean "of, relating to, or affecting a particular person." And a "remark" is ordinarily understood to mean "the act of remarking," "an expression of opinion or judgment," or "mention of that which deserves attention or notice." To "remark," means "to take notice of" or "to express as an observation or comment."

Based on the ordinary meaning of "personal remarks," the Policy prohibits speakers from uttering an infinite number of protected, relevant statements or questions. For example, a speaker must refrain from: (1) using a councilmember's name for the record; (2) mentioning that a councilmember may have a personal stake in the outcome of a vote; (3) stating that a councilmember engaged in a corrupt act; (4) highlighting that a councilmember had recently been convicted of a crime; (5) claiming that a councilmember lied to the public; (6) suggesting that a councilmember had a conflict of interest; and (7) bringing to public attention that a councilmember had been sued—just to name a few. The Policy forbids a citizen from noting that a councilmember has—even questionably—done........

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