This discussion is regarding a recent case, “Houston Community College System v. Wilson”, heard by the US Supreme Court in November 2021.
Dave Wilson, who served as an elected board member in the Houston Community College System (HCCS) from 2013-2018, was censured*
by the other board members in 2017 mainly due (but not limited) to
comments and criticisms Wilson made towards the HCCS Board, both in
public as well as during the legislative sessions held by this board. **
Ultimately,
the SCOTUS decided unanimously in favor of HCCS, ruling that the
censuring that took place did not violate Wilson’s 1st Amendment
protections. The decision, as written by Justice Neil Gorsuch, was
viewed by experts as a narrow one in how it is unlikely that any major
judicial precedent will be established due to this ruling.
The Oyez link is here: https://www.oyez.org/cases/2021/20-804
Given the specificity of the ruling, some questions remain about whether
this case addressed any sufficient aspect of constitutional law thus,
necessitating a hearing before SCOTUS in the first place.
Do you believe the First Amendments restrict
the authority of an elected body of a school board to issue a censure
in response to a specific member’s speech, even if the content of the
speech is a criticism against the board itself? Should this case have
even been heard before the members of SCOTUS? Was there a substantive
question related to constitutional law that made it necessary for SCOTUS
to address? Explain.
*Censure: Defined as a formal expression of
disapproval, often made within a legislative body. Such expressions may
come with additional sanctions, which in Mr. Wilson’s case, included
restrictions from serving on the Board with the other elected members.
