Editor, Gazette-Journal:
There has been a lot of talk about the comments made by a citizen at the BOS meeting last week.
The First Amendment guarantees every citizen the right to free speech; however, that right is not absolute. Sometimes things that are said “by their very utterance” cause injury and or incite an instant breach of peace and as such do not receive constitutional protection.
For example, based on your 1st Amendment right you can yell “FIRE” in a movie theater; however, if it isn’t true and there are people trampled to death in the mass exodus, you as the yeller do bear responsibility and could find yourself in legal trouble even though it was your right to yell it.
It was determined between the School Superintendent, Commonwealth Attorney, and the Sheriff that this was nothing more than hyperbole: an exaggerated statement or claim not meant to be taken literally.
Although this decision is supported by case law, there are rules which govern our county board meetings whic...