Michigan Town’s Threat Of Lawsuits Against Residents Ignites Free Speech Battle

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Michigan Town’s Threat Of Lawsuits Against Residents Ignites Free Speech Battle

Judge's Gavel Court
Judge’s Gavel. TFP File Photo

The small city of Bangor, Michigan, has become an unlikely focal point in a national debate over free speech rights after its city council authorized legal action against residents for making statements deemed harmful to the municipality.

The controversy stems from criticism directed at a key city official, Justin Weber, who holds the positions of both City Manager and Chief of Police.

According to reporting by MLive, the city contends that unidentified residents have falsely claimed Weber draws “two paychecks” for his dual roles. This criticism, coupled with what officials termed “burdensome” public records requests, prompted the city council’s action.

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In a motion passed on January 6, 2025, the Bangor City Council authorized the city attorney “to file [civil] charges with the court against all parties involved in statements that have caused harm to the City.”

The move followed public criticism and records requests initiated by resident Steve Honeycutt, who is now campaigning for mayor. “My mission is accountability, transparency and I want to give Bangor back to its people,” Honeycutt told MLive, positioning himself as a voice for residents concerned about Weber holding the two top city jobs concurrently.

Responding to the backlash, Weber issued a statement on January 23 attempting to clarify the city’s position. He stated that Bangor “supports free speech to the maximum extent allowed by law” but asserted the council’s authorization targeted “speakers who knowingly lie about the City.” Weber indicated the goal was to file actions “to stop or enjoin the lies” and potentially recover monetary damages equivalent to the harm caused.

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However, the policy has drawn sharp criticism from free speech advocates who argue it represents an unconstitutional attempt to silence dissent. The Foundation for Individual Rights and Expression (FIRE), a national advocacy group, sent a letter to the city council in February challenging the legality of the motion.

FIRE contends that the First Amendment, as interpreted by the Supreme Court, prohibits government entities like the City of Bangor from suing for defamation. “Enforcing Bangor’s new policy would violate the First Amendment, which completely bars government entities like the City of Bangor from suing for defamation,” FIRE wrote. The group advised that while individuals can sue for defamation, government bodies cannot.

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“If Bangor officials believe a constituent has made a false statement about the City, they can publicly condemn the statement, express disagreement, or say why they believe it inaccurate,” FIRE’s letter continued. “What they may not do is sue or otherwise punish the speaker.”

As the debate continues, Bangor finds itself under a national spotlight, highlighting the fundamental tension between government operations and the protected speech rights of its citizens.

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