Your Right To Attend and Speak at Public Meetings

While most government meetings must be open to the public, understanding the specific rules and exceptions can help you participate without incident. Some meetings can be closed for legitimate reasons, such as discussing pending litigation or personnel matters. Even at open meetings, you may be removed if you become disruptive or violate reasonable meeting protocols.

Whether you’re improperly excluded from a meeting or unlawfully prevented from speaking, you have legal options if you believe your rights have been violated. This guide explains when meetings must be open, your rights during public comment periods, and what to do if those rights are violated.

Open Meetings Laws and When They Apply

Open meetings laws are called “Sunshine laws” after the 1976 Government in the Sunshine Act. The Act determines when and how government commissions shall be open to the public, and how information is disseminated to the public.

The Act provides exceptions for closing meetings for specific reasons, such as discussing criminal matters, subpoenas, matters of national security, or financial matters. All other government affairs must be open and available to the public.

State Open Meetings Laws (Sunshine Laws)

Sunshine laws vary by state, but all require public bodies to conduct business openly and allow the general public to attend and express their opinions. State sunshine laws typically require:

• Advance notice of meetings and meeting agendas
• Public access to meetings
• A public participation session if the topic is such that a session is feasible
• Open minutes and records
• Open voting

As noted, these vary by state. Make sure to know your jurisdiction’s rules before attending.

Who Must Follow Open Meetings Acts

Depending on state law, most local governmental bodies must comply with open meetings laws. In some states, corporations that make decisions affecting the public interest may also be required to open their meetings. In general, Sunshine laws apply to:

• City council meetings
• School board meetings
• State and county planning commissions
• Private entities performing government functions (such as utility companies)
• Advisory committees

Most legislative bodies must have some open meetings or public hearings whenever their discussions affect the public interest.

Limited Public Forums

Not all meetings are open to the public, such as those that don’t involve public business. Some may be open, but won’t allow public comment. For example, zoning meetings involve agencies besides the city council, and an opportunity for public comment may be available online or through your regional office.

Closed Meetings vs. the Public’s Right To Know

In some cases, access to government meetings may be limited depending on the nature of the meeting and the reason for the restriction. The federal Sunshine Act has ten enumerated reasons for closing a meeting, which are shared by most states. Permissible reasons include:

• Discussions of pending litigation, criminal matters, or censuring a member
• For federal purposes, subjects designated as national security matters
• Trade secrets
• Financial disclosures
• Discussions that would violate an individual’s privacy and which do not affect the public’s right to know

If an agency wishes to designate a meeting closed, it must give proper notice and have adequate justification. A meeting cannot be closed to avoid scrutiny or possible embarrassment.

Notice Requirements

Advance notice requirements vary by state and local jurisdiction. It can be as little as 24 hours or as long as a week. Whatever the specific requirements, all laws require:

• A specific notice period
• Requirements for what the notice must contain, such as an agenda or roster
• Locations where the notice must be posted
• Where and how notice of a closed meeting must be given
• Special rules for emergency meetings

For instance, Missouri requires 24 hours’ notice for a public meeting. The federal Sunshine Act requires one week’s notice. California’s Ralph M. Brown Act requires 72 hours’ notice for a regular meeting and 24 hours’ notice for a special meeting, but this can be waived in an emergency.

Your Right To Attend Public Meetings

Under the First Amendment, members of the public have the right to peaceably assemble and petition the government for redress. That includes going to public meetings in person and finding out how the government is administering. Your right to free speech means you cannot be excluded from open meetings or prevented from speaking, unless you’re disruptive.

Your First Amendment rights guarantee you admittance to any government function open to the public. You cannot be excluded based on your opinions, prior criticism of the government, political party, or protected class.

As a practical matter, public officials can control entry to a forum based on seating capacity or potential prejudice to a participant. For instance, judges may exclude individuals from the gallery if they believe it will be unfair to a defendant or hazardous to the jury.

You cannot be denied access because of how you look, dress, or behave, provided it is within reason. For example, wearing clothes is not optional. The U.S. Supreme Court has long held that reasonable time, place, and manner restrictions are permitted in any public forum.

You can be asked to leave or even forcibly removed for:

• Disrupting the meeting, such as shouting, making a disruption, or demonstrating in violation of posted rules
• Refusing to follow reasonable rules (such as rules against political attire or signs)
• Violent or threatening behavior
• Refusing to follow time limits during public comment periods

You cannot be removed because the council members don’t like what you’re saying or because you were mean to an elected official. Ejection and even arrest are possible for making threats, using profanity, or going over your time limit.

Speaking During Public Comment Periods

Not all meetings have public comment periods. The meeting notice may contain an agenda item for public comment and state whether it will be “general comment” or “item-specific comment.” The distinction is important because you may not make a general comment in an “item-specific” period. This is one time you may be told to stop talking and asked to leave.

The Process

Depending on the jurisdiction and type of meeting, you may need to sign up to speak. The committee or council may limit the time for public comment.

When you sign up to speak, you agree to any restrictions the forum imposes on public commenters. In some smaller forums, you may line up to speak, or be called in sign-up order. Larger forums may have other rules.

Your right to speak is covered by the First Amendment, but so is the right of the forum to limit what you can say. In general, you can:

• Criticize officials, public policy, recent decisions
• Advocate for changes related to this forum or public agency
• Support or oppose items on the agenda
• Speak in a calm, reasonable manner

You cannot:

• Make threats, use inciteful or defamatory speech (false statements that harm someone’s reputation), or espouse hate speech
• Shout or make a scene
• Use excessive profanity
• Make comments unrelated to the subject matter of the meeting
• Go over the time limit

The government body cannot impose “content-based” restrictions that limit speech to what is favorable to a certain political party, candidate, religious group, or other category. They cannot limit speech they personally don’t like or give extra time to supporters. For an example of how this should work, watch a Congressional subcommittee questioning a witness and observe how opposing parties request “their time” when a witness rambles or refuses to answer a question.

To keep an open meeting moving, some reasonable limits are permitted. Time limits are allowed, as long as they are enforced and applied equally. Public meetings may also:

• Limit topics to government business or the agenda
• Request people refrain from discussing the state’s governor or national politics
• Prohibit signs, props, political clothing, and anything that may block the audience’s view or create a disturbance
• Restrict repetitive comments on the same topic, especially if several people seem to have colluded to hammer on a single point
• Remove individuals who shout, make personal attacks, use excessive profanity, or go over their allotted time

They may not:

• Ask you to leave because they don’t like what you say (as long as it’s factual)
• Tell you to stop talking before your allotted time is up
• Tell you to stop being mean to someone (criticism is allowed as long as it’s not defamatory)

The same rules should be applied to anyone who speaks, without favoritism.

How To Make Public Comments

The old saying “everyone has an opinion” has a cruder counterpart. To avoid having that punchline apply to you, prepare yourself before making a public comment with a few simple steps.

Before the Meeting

Review the meeting agenda and what the speakers are discussing. If there are rules for the public comment session, such as time limits and comment restrictions, know what they are. If you plan to speak on a specific issue or policy matter, bring documentation and notes. Arrive early if there is a sign-up list.

During the meeting, listen carefully to the speakers and take notes as needed. Making a comment about something already reviewed in the body of the meeting is unlikely to be well received.

During the Public Comment Period

Listen while others speak. If someone makes your comment or something substantially similar, either bow out or rephrase your comment. Don’t repeat the comment, as you may be asked to sit down.

State your name and other identifying information if required. Speak clearly and slowly, and avoid shouting, name-calling, and finger-pointing. If you have concerns about what has been said or done, reference that specifically. Don’t make vague generalizations. Stating that there are five unhoused people who hang around the convenience store near your house and asking how the town can help is better than grousing about “the homeless problem” and demanding a solution.

When your time is up, it’s up. Even if you didn’t get to say everything you wanted to, thank the board for their time and leave.

How To Make Your Comments Stand Out

Public comments should not consist of yelling at the opposition because you disagree or blindly agreeing with the side you approve of. The best ways to get your comments heard and to make an impact include:

• Make specific suggestions and requests rather than general comments. If possible, link your statements to actions that have already been taken or not taken.
• Acknowledge good efforts and offer critiques of less-than-successful efforts. For example, instead of “that homeless shelter cost millions and didn’t work, what a waste of time,” you could suggest “could that shelter be repurposed into something else, so it doesn’t just sit there?”
• Use local data and examples rather than anecdotes. Personal observations are good when you’re at a city council meeting. “I live on Second Street behind the high school. Can anything be done about the football field lights? They’re shining right into the front windows of both my and my neighbors’ houses.”
• Acknowledge other viewpoints and other comments. Don’t attack other speakers for having differing opinions (“That’s really stupid”), but use them for educational purposes by offering gentle corrections.

The more often you attend local meetings, the more the board members and councilmembers will listen to your remarks. Be sure to thank officials for replying, even if they disagree. Take time to talk with others in your community who share your viewpoints, and don’t forget to build bridges with those who seem to disagree. They live there too.

Recording Public Meetings

You may have the right to record public meetings, with limitations. When and where this right applies depends largely on your state laws and the type of meeting you want to record.

Recording is often prohibited or restricted in courtrooms and legal proceedings, though rules vary by jurisdiction and court type. Check the specific court’s rules before attempting to record any legal proceeding. There may also be rules against recording where participants have a reasonable expectation of privacy. For more on your rights to record in public spaces and government activities, see our guide on Recording in Public: Your Legal Rights When Filming Events and People.

When you can record publicly, such as outdoor events and speeches, your recordings are essential parts of the public record. Citizen journalists have become a critical part of today’s news-gathering force. You can learn more about your rights and duties in the FindLaw article Can Anyone Be a Journalist? Legal Rights and Limitations.

If Your Rights are Violated at a Public Meeting

Anyone who follows the news knows that the laws are not always followed as intended. People can and do discriminate, throw out opposing political parties, and shut down commenters who say mean things about their favorite politician. What are your rights if something happens at a public meeting?

If You’re Removed From the Meeting

If you’re told to leave or physically removed from the meeting:

• Do not physically resist. When you’re told to go, go. You can argue about your First Amendment rights in court, but unless you’re willing to go to jail first, it’s better to leave on your feet.
• If you have a recording device, now is the time to use it. Note that it will not be admissible in court. If you cannot record, make careful mental notes of who says what.
• Ask why you are being removed. Do so politely and don’t expect an answer that meets your satisfaction.
• In a calm voice, announce “I believe you are violating my First Amendment rights and the open meeting/Sunshine Laws of the state of [state].” Do not say anything else.

Once you’re outside, make notes of who ordered your removal, who executed the order, and the exact time and reason for removal. You may also want to call a lawyer.

If You’re Prevented From Speaking

If you arrive and request to speak or try to sign up for a speaker list and are refused, you have the right to know why. Do your best to keep your emotions under control before doing the following:

• Ask why for the specific reason that you’re being excluded
• Ask who ordered your exclusion
• State in a calm but firm tone, “I believe you are violating my First Amendment rights”
• Ask if you can speak to the person who ordered the refusal

Stay and observe the meeting, and document everything. If you believe you’re being excluded based on your race, religion, sex, or other protected characteristic, the Civil Rights Act may also apply.

Issues at a Public Meeting? Speak With an Attorney

If you’re unlawfully removed or prevented from speaking, you might need legal help. Suing to enforce the open meeting law has a narrow time limit, and you’ll need to contact the proper government agency.

Legal remedies might include:

• Seeking a court order to enforce the open meeting law
• Filing a complaint with the state attorney general
• Pursuing a civil rights lawsuit under 42 U.S.C. § 1983 for constitutional violations

Sovereign immunity may limit some remedies.

Legal advocacy groups like the ACLU handle long-term litigation and court decisions. For your immediate need, a civil rights attorney can help you get started.