FEDERAL JUDGE SAYS NORFOLK-AREA NRD WENT TOO FAR IN SANCTIONING BOARD MEMBER

LINCOLN- A Norfolk-area natural resources district board likely went too far in censuring a member of its board for confirming to a newspaper she had filed a complaint against a fellow board member. U.S. District Judge John Gerrard issued an order granting a preliminary injunction sought by Melissa Temple against the Lower Elkhorn Natural Resources District.

Gerrard wrote that the board likely violated Temple’s First Amendment rights by retaliating against her and limiting her access to travel reimbursements and per diem payments while doing board business. Temple was represented by the new First Amendment Clinic at the University of Nebraska-Lincoln. Gerrard found that the board’s actions had a potential “chilling effect” on Temple’s speech.

“If Temple continues to engage in protected speech, such as informing the press of how the sanctions are affecting her ability to govern, she might be subject to further sanctions,” Gerrard wrote. “Temple’s right to publicly criticize the LENRD’s decision is enshrined by the First Amendment.” The board, he wrote, has the authority to remove Temple from subcommittees but, the judge wrote, the NRD and its voters should question whether it should.

For the full article click HERE