East Central Reporter

The University of Illinois is being urged to reassess its public comment policy in light of potential violations of the Open Meetings Act (OMA). The OMA governs meetings of public bodies in Illinois, requiring them to allow individuals the opportunity to address public officials under reasonable rules.

According to Section 2.06(g) of the OMA, "Any person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body." The Illinois Attorney General’s Public Access Counselor has consistently determined that such rules should enhance, not restrict, the public's right to speak.

Several opinions from the Public Access Counselor have highlighted issues with restrictive policies. For example, PAC Opinion 14-012 found that requiring a person to sign up more than 48 hours in advance violated the OMA. Similarly, PAC Opinion 14-009 ruled against requiring a speaker to state their address before speaking. Furthermore, PAC Opinion 23-013 suggested that content-based restrictions on public comments could violate the First Amendment.

The University of Illinois faces similar challenges with its current policies. There are at least two requests for review concerning the university's denial of speaking rights: one related to a three-day advance notice requirement and another regarding a rule prohibiting comments on litigation involving the university.

The call for change emphasizes that these rules may contravene the OMA and urges the university to amend its policies accordingly.