Dear sirs, Patrick County Board Attorneys 

I am writing to seek your legal opinion regarding concerns about the enforcement of rules governing the public comment period during Board meetings. Specifically, it has been observed that the Board has allowed speakers to praise officials by name (e.g., allowing praise of Jane Fulk) while prohibiting speakers from criticizing officials by name during the public comment period. This practice has raised concerns about potential viewpoint discrimination, which may constitute a violation of the First Amendment.

As you are aware, the Supreme Court has consistently held that viewpoint discrimination is a form of content-based regulation that is presumptively unconstitutional. Cases such as Rosenberger v. Rector and Visitors of the University of Virginia (1995) and Lamb’s Chapel v. Center Moriches Union Free School District (1993) establish that government entities cannot favor one viewpoint over another in public forums, including limited public forums like public comment periods.

Before bringing this matter to your attention, I sought the advice and opinion of Chairman Wood regarding this issue. However, I have not received a response. Given the potential legal implications, I am now turning to you for clarification.

I would appreciate your review of the following questions:

1. Does the selective enforcement of public comment rules—allowing praise by name while prohibiting criticism by name—constitute unconstitutional viewpoint discrimination?

2. What steps should the Board take to ensure compliance with the First Amendment and uphold the principle of viewpoint neutrality in the public comment period?

3. Are there any specific legal risks or liabilities associated with the current enforcement practices?

Your guidance on this matter is critical to ensuring that the Board’s practices align with constitutional requirements and promote transparency, fairness, and open dialogue. Thank you for your attention to this issue, and I look forward to your response.

Sincerely,
Steve Marshall
Blue Ridge District Supervisor