Free speech group FIRE warns 20 Michigan cities, including Grand Rapids and Saginaw, to amend unconstitutional public comment policies or risk legal action.
FIRE Flags Michigan Cities for Violating First Amendment Rights
DETROIT, MI – The Foundation for Individual Rights and Expression (FIRE) has called out 20 Michigan cities and towns for unconstitutional restrictions on public comment during city council meetings. The free speech advocacy group is urging these municipalities, including Grand Rapids, Saginaw, and multiple Detroit-area cities, to repeal policies that limit citizens’ right to criticize public officials.
“Public office doesn’t come with the power to muzzle the people you serve,” said Aaron Terr, FIRE’s Director of Public Advocacy. “These cities should immediately repeal their unconstitutional public comment rules to avoid being dragged into court.”
The First Amendment guarantees Americans the right to criticize government officials and express dissent during public meetings. However, FIRE’s review found several Michigan municipalities impose illegal bans on certain types of speech, violating these constitutional protections.
What’s Unconstitutional? The Worst Offenders
FIRE identified numerous examples of overly broad and unlawful restrictions on public speech across Michigan. The group argues that while cities may enforce viewpoint-neutral time, place, and manner restrictions, they cannot prohibit entire categories of speech simply because officials find them offensive.
Some of the most egregious examples include:
- Clinton Township: Bans discussions involving excrement, “disrespectful” references to the supernatural, and personal attacks.
- Southgate: Prohibits vulgar, obscene, or “otherwise inappropriate” language or gestures at city council meetings.
- Romulus: Bans remarks that contain racial, ethnic, religious, sexual, or national origin “overtones.”
- Park Township: Outlaws “abusive” and “personally directed” public comments.
- Rochester Hills: Restricts “inappropriate” public comments without defining what qualifies as inappropriate.
Eastpointe’s Costly Mistake: A Warning for Other Michigan Towns
FIRE’s report follows a major legal defeat for Eastpointe, MI, where city officials were sued for violating residents’ First Amendment rights. In 2022, then-Mayor Monique Owens used a rule barring comments directed at city council members to silence four residents criticizing her policies.
The residents sued, and Eastpointe settled the case for $83,000, covering legal fees and compensation for the four citizens. As part of the settlement, the city also rescinded its unconstitutional rule and committed to protecting free speech at future meetings.
“The First Amendment doesn’t protect politicians’ egos. It protects the public’s right to hold them accountable,” Terr emphasized.
Legal Precedents and What’s at Stake
The U.S. Court of Appeals for the Sixth Circuit, which has jurisdiction over Michigan, has consistently ruled against such restrictions. In 2018, the court struck down an Ohio school board policy that banned “antagonistic,” “abusive,” and “personally directed” speech, ruling that it violated the First Amendment.
Despite this clear legal precedent, many Michigan towns continue enforcing similarly unconstitutional speech policies. If these cities do not revise their rules, they could face lawsuits, costly settlements, and legal fees—at taxpayer expense.
FIRE’s Call to Action: Cities Warned to Act Now
On February 6, 2025, FIRE formally notified the following cities of their violations, urging them to immediately repeal unconstitutional provisions:
- Grand Rapids, Saginaw, Livonia, Holland, and Rochester Hills
- Detroit-area cities including Wyandotte, Westland, Troy, Southgate, and Romulus
- Suburban and rural areas such as Park Township, Clinton Township, and Waterford Township
FIRE has offered free legal assistance to help these cities bring their public comment policies into compliance with the First Amendment.
Will Michigan Cities Comply, or Head to Court?
Cities now face a choice: revise policies voluntarily or risk legal battles similar to Eastpointe’s costly defeat. With legal precedents clearly favoring public speakers, FIRE has warned that failure to act will likely result in lawsuits that taxpayers will ultimately fund.
Residents in affected communities are encouraged to attend city council meetings, demand policy changes, and push for greater transparency. The fate of free speech in Michigan’s local governments now rests in the hands of public officials—and the citizens they serve.
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