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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¶85 The City’s assertions are confirmed by the actual language of Shoemaker’s letters. Shoemaker signed the January 6 letter as “Maurice Shoemaker, Council Person Ward #1.” In this letter, he purported to reveal information that he, as a councilperson, wanted the public to know, such as the fact that there were “things going on at city hall that the public should know about.” Shoemaker asserted that the Ledger never printed any of the “negative city business,” and he stated: “Some of you will be surprised. Believe me, we do not have a perfect city government.” Shoemaker explained that he was writing this letter because the mayor had refused to put him on the next council meeting agenda to discuss matters which “concerned the city and should be of interest to the public.” Likewise, in his January 19 letter, Shoemaker indicated his desire to inform the public of what was going on at city hall, and he lamented the fact that the mayor had refused to put him on the agenda. Shoemaker stated: “I believe that what goes on at city hall should not be kept from the public.” As noted, the City stated in its summary judgment brief that Shoemaker, as “a legislator,” had “both the moral obligation and the legally protected right to take his concerns about a public official to the press after being denied the right to air his concerns during a legislative session.”

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