FREEPORT – Town Hall employees were told Wednesday to stop removing anonymous publications from the lobby of the municipal building.
Town Manager Dale Olmstead said he acted on the instructions of the Town Council, which decided Tuesday that the longstanding practice might violate people’s First Amendment right to free speech and lead to a lawsuit.
The council responded to recent concerns about an anonymous newsletter, A Crow’s Nest, that attacks and offends some residents. Town officials sought legal opinions on whether municipal employees should continue to remove the newsletter and other anonymous materials from Town Hall.
“The writing was on the wall,” said Sara Gideon, the council’s vice chairwoman. “It was clear that we would be on very shaky ground if we continued the administrative policy of removing anonymous publications and putting (town officials) at risk of a lawsuit.”
In a straw poll Tuesday night, councilors agreed the practice should be discontinued, Gideon said Wednesday.
The council also directed Olmstead to seek further legal clarification on whether some anonymous materials, such as pornography, might be offensive enough to justify removal from Town Hall or other public buildings, Gideon said.
A Crow’s Nest is an occasional, self-described news parody, without an identified source or author, that has lampooned town officials and others for more than 25 years.
Recent editions riled the public, drew the condemnation of the council and led town officials to seek legal opinions on what actions could be taken against the newsletter.
The town got legal opinions from Margie Berkovich, an investigator with the Maine Attorney General’s Office; Geoffrey Hole, the town’s attorney; and Richard Flewelling, assistant director of legal services for the Maine Municipal Association.
All three viewed A Crow’s Nest as protected free speech. Hole and Flewelling advised town officials to stop removing anonymous publications from Town Hall.
Staff Writer Kelley Bouchard can be contacted at 791-6328 or at:
kbouchard@pressherald.com
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