A judge has confirmed the settlement agreement Nicholas Blanchard and the Augusta School Department reached last month in the federal lawsuit over free speech.
Blanchard filed the lawsuit in January, alleging the board’s public comment policy violated his First Amendment rights.
The lawsuit, filed against school board Chair Martha Witham and the Augusta School Department, said Witham and the board repeatedly cut off Blanchard, also known by the nickname “Corn Pop,” and ordered him to stop speaking during meetings, a violation of his First Amendment right to free speech.
The agreement terms by the U.S. District Court for the District of Maine that U.S. District Judge Stacey D. Neumann signed off on requires the school department to comply with an injunction issued in April, stating the school board cannot enforce aspects of the public comment policy aimed at limiting gossip and abusive and vulgar language. The school board amended its policy in May.
“The school department is happy to have Mr. Blanchard at the meetings, happy to have him speak,” Augusta Superintendent Mike Tracy said. “I feel bad that this has wasted taxpayer time and money, and hopefully conditions will improve for people being able to speak.”
The school board must also pay Blanchard $17.91 in damages — a symbolic request that’s in reference to when the First Amendment was ratified as part of the U.S. Bill of Rights in the year 1791 — in addition to covering his legal fees and expenses.
Blanchard and the school department reached a settlement agreement in August after two months of discussions, but it wasn’t final until a judge approved it.
Blanchard was represented by both the Institute for Free Speech, a nonprofit organization dedicated to defending First Amendment rights, and Steve Smith Trial Lawyers in Augusta.
“This victory protects the core First Amendment right to criticize elected officials,” said Nathan Ristuccia, the Institute for Free Speech attorney representing Blanchard. “The judgment demonstrates how the Constitution prevents those in power from silencing a speaker because he says things officials don’t want to hear.”
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