Tulane Law First Amendment Clinic Scores Win in Free Speech Case

Tulane Law School's First Amendment Clinic secured a solid victory in the U.S. Court of Appeals for the Fifth Circuit, in a case that challenged Bossier City's restrictions on public comment at City Council meetings and alleged violations of Louisiana's Open Meetings Law. 

In a sweeping opinion issued June 25, the appellate court reversed much of a district court's dismissal of the case, allowing several First Amendment and state law claims to proceed. The case now returns to the district court for further proceedings consistent with the Fifth Circuit's ruling.

The lawsuit was brought on behalf of Bossier Parish watchdog and journalist Weston Merriott, who alleged that city officials repeatedly interrupted him, threatened to remove him from City Council meetings, and enforced vague rules prohibiting "personal, impertinent or slanderous remarks" and "becoming boisterous" during public comment. Merriott also challenged an alleged closed-door meeting in which council members discussed changing the public comment rules after his criticism of the council.

In its opinion, the Fifth Circuit found that Merriott had plausibly alleged the city's policies were overly broad, unconstitutionally vague and constituted barred viewpoint discrimination under the First Amendment. The court also reinstated claims alleging retaliation for protected speech and violations of Louisiana's Open Meetings Law, finding that the plaintiff sufficiently alleged that a quorum of council members met privately to discuss changes to the public comment policy.

The appeal was argued before the Fifth Circuit in March by Tulane Law student-attorneys and recent graduates Raleigh Hightower and Ezekiel "Zeke" Millrood, who researched, briefed and prepared the case through the First Amendment Clinic. This spring, Millrood was also recognized with the Clinical Legal Education Association's Outstanding Clinic Student Award for his work on the litigation.

The case was originally filed in October 2023 by former First Amendment Clinic Director Katie Schwartzmann and involved the work of numerous Tulane Law students over several years. The litigation team also included Clinic Director Bruce Hamilton, Legal Fellow Annie Cleveland and former clinic attorneys Melia Cerrato and Virginia Hamrick.

The Tulane First Amendment Clinic, established with funding by the Stanton Foundation in 2020, has a goal to defend and advance First Amendment rights through litigation and advocacy, while providing law students with hands-on, real-world legal experience. Clinic students handle complex constitutional litigation while still in law school, giving them the opportunity to brief and argue cases before one of the nation's federal appellate courts while advocating for First Amendment rights and government transparency.