Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶49 We do not agree, however, with the City’s suggestion that it is powerless to impose any restrictions at all on discussions at council meetings. For one thing, the hearing examiner stated that “the council could have limited [comments made during the meeting], in terms of time or topic,” and the City has neither cross-appealed from nor challenged this portion of the examiner’s decision at any point during the course of this litigation. Moreover, while the City argues at some length that content-based restrictions on speech are not permitted, the City concedes in a footnote that “reasonable time and place restrictions are probably permitted.”

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