COMMENT: SO-CALLED "
anti-harassment resolutions" violate both the statutory and constitutional rights of the homeowner. EVEN if the homeowner uses yelling and profanity, it is protected speech. -Newsletter Reader
RESPONSE: If you try that in a an open session of Congress, a city council meeting, or a court room, you will discover that your
free speech rights are not unlimited. It is never appropriate to yell and use profanity in a board, committee, or membership meeting.
Free Speech Bullies. Free speech bullies seem oblivious to their own bad behavior, or worse, revel in it. Boards should always listen to membership concerns and be patient with members who get emotional. However, boards do not have to put up with abusive behavior, harassment, personal attacks,
obscenities,
defamation and threats. There is no "First Amendment right" to such behavior and persons who engage in it can be
ejected from meetings and, following
due process, fined for their disorderly conduct. (
Robert's Rules, 10th ed., pp. 627-629.) If necessary, boards can seek
restraining orders against persons who threaten and harass boards.