The head of a legal team that focuses on civil and constitutional rights is suggesting – strongly – that U.S. Rep. Tom Perriello, D-Va., rescind his announced ban on signs at his town hall meetings during the congressional recess.
"The First Amendment forbids government officials such as yourself from imposing absolute prohibitions on a particular kind of expression in public forums of this kind unless that restriction is narrowly tailored to accomplish a compelling governmental interest," said the letter to Perriello from John W. Whitehead, president of The Rutherford Institute.
"Since you cannot show any compelling government interest behind such blatant censorship of your constituents' varied views, you do not qualify for such an exemption," Whitehead wrote.
Staffers in two of Perriello's congressional offices, both in Washington and in his district, today told WND there was no one who could comment on the dispute over the signs or the legal team's request that the policy be changed.
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At a recent meeting in Fluvanna County, a sign appeared on the door stating: "To assure a pleasant atmosphere, no signs are permitted in the meeting room."
Ridge Schuyler, Perriello's district director, told WVIR-TV in Charlottesville, Va., "They wanted to just be able to speak freely and not feel like they were having signs waved in their face, so it makes them more comfortable."
But Whitehead wrote not about the voters' "comfort" but of the law.
"Historically, town hall meetings have been public forums wherein constituents can hear and address their representatives [and they are] funded by public taxpayers in public buildings situated on public property.
"These are not private events. Rather, they are government-sponsored forums whose very purpose is to engender communication," Whitehead wrote.
He said there are people who prefer to communicate through a sign, so Perriello's sign ban "does not have the intended effect of encouraging persons to air their views about issues of public concern but has precisely the opposite effect."
He also noted the U.S. Supreme Court has declared such "overbroad" bans unconstitutional as long ago as 1983.
"It is your sworn duty to see that your constituents' constitutional rights are protected. Thus, we strongly urge you to immediately rescind his prohibition on signs at town hall meetings," Whitehead wrote.
The legal team confirmed they are willing to advise the voter who contacted them about the issue "on legal options for protecting his rights."
On the Schillingshow blog, on Newsradio 1070 WINA in Charlottesville, the criticism was a little more harsh.
"To King Perriello, it matters not that most of these meetings are being held inside taxpayer-owned and taxpayer-funded buildings (i.e. government schools)," said the blog writer. "To King Perriello, it matters not that all of these meetings are being bankrolled by United States taxpayers. To King Perriello, it matters not that the First Amendment to the United States Constitution prohibits the government from infringing on the freedom of speech.
"Right now, Tom Perriello, it's good to be king. Enjoy the gluttony of your reign. But know that your subjects are stirring. … November is coming, and you, your royal highness, are soon to be dethroned," said the post.
Perriello also is the member of Congress who noted earlier this year, "If you don't tie our hands, we will keep stealing."