Cabarrus commissioners settle First Amendment litigation with resident

(The Center Square) – Commissioners in a North Carolina county have agreed to take remedial actions and publicly acknowledge an incorrect position to settle a First Amendment lawsuit with a resident.

The Cabarrus County Board of Commissioners declined to admit liability or wrongdoing, a release from the Liberty Justice Center says. It did gain approval from Liberty and James Campbell, the plaintiff, for institution of training and application of the Public Participation Policy for all new commissioners when appointed or elected.

“This settlement does well to protect the First Amendment rights of all Cabarrus County residents,” said Brendan Philbin, senior counsel at the Liberty Justice Center. “The training materials put the Board of Commissioners on notice that civic minded citizens like Mr. Campbell may not be silenced or banned from public meetings for respectfully criticizing government officials and commenting on matters of public interest.”

Commissioners banned Campbell from speaking at meetings for three months, according to a federal lawsuit filed by the nonprofit Liberty group representing him. He spoke on April 15, 2024, urging the commission to investigate the county’s child protection service and cited concern by name about certain county officials.

Commissioners said Campbell violated a county rule about “naming names” and removed him from the meeting in addition to leveling the ban on attending.

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“This lawsuit is not just to vindicate my rights – it’s a fight to prevent this board’s policies from stifling and silencing other Cabarrus County residents,” Campbell said.

Liberty bills itself as a law firm “that challenges government overreach and fights for free speech, educational freedom, and workers’ rights – at no cost to our clients or taxpayers.”

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