Free Speech

In a 5-2 vote, the Chapel Hill Town Council tonight reaffirmed Chapel Hill Transit (CHT)’s bus advertising policy with minor adjustments. The policy, which was technically a draft that had been erroneously enforced by staff, makes town buses a “limited public form,” and prohibits advertising that is “disparaging, disreputable or disrespectful.” The main debate of the evening centered around subjective terms like “disparaging” and “disrespectful” would be interpreted by staff. Council Members Eastrom and Czajkowski were the two dissenting votes. Council Member Pease was absent.

The Council also approved resolutions limiting the number of ads with the same message from the same source that can appear on a single bus and allowing staff to place disclaimers with bus ads stating that they do not represent the views of the town government.

In a fairly crowded business meeting tonight, the Chapel Hill Town Council member heard from more than 30 members of the public on Chapel Hill Transit's current bus advertising policy. Contraversy around the ad was sparked by the placement of an ad by the Church of the Reconciliation urging the end of U.S. military aid to Israel. Speakers included several members of the Church of the Reconciliation, the director of the N.C. ACLU and local Jewish leaders among others.

The central question on the issue was whether the transit system consitituted a "public forum." This is important because under Supreme Court precedent regulations on speech in public forums are subject to greater scrutiny than regulations on speech in non-public forums.