Posted by Eugene Volokh:
Florida City Authorizes Use of City Funds to Sue for Libel of Government
Officials:
http://volokh.com/archives/archive_2009_02_22-2009_02_28.shtml#1235410395
From the [1]Deltona (Florida) [2]City Commission After Action Agenda
(Feb. 16, 2009):
After discussion, the Commission voted 4 to 3 (Commissioner
Denizac, Commissioner McFall-Conte, and Commissioner Zischkau voted
against the motion) for the City to provide reimbursement and
expenditures of legal fees to protect both proactively and
reactively the City as a government including its employees and its
Mayor and those members who wish to be represented in the this
motion, Commissioner Treusch, Commissioner Deyette, Vice Mayor
Carmolingo and Mayor Mulder where needed from material damages,
slanderous or libelous comments or claims and unsubstantiated
allegations past, present and future where the Mayor feels is
needed and that a report of fees expended be made available to the
public so they may see the extent of damage that has been caused.
Here's [3]audio of the Mayor's presentation in favor of the
resolution. The proposal was apparently triggered by [4]online
criticism of various city officials.
Libel lawsuits by government officials are of course constitutionally
permitted, and may prevail if the statements are found to be false and
defamatory factual assertions, and the speaker is found to have known
the statements were false or to have known that the statements were
likely false. There's no First Amendment rule that would bar
government agencies from funding such lawsuits. And there's a
plausible argument that the lawsuits serve city interests (and thus
justify reimbursement) and not just private interests, since libels of
city officials may indeed interfere with the effectiveness of city
government, and since city officials may have been victimized by the
libels -- if they are libels -- because of their government service.
At the same time, this strike me as a bad idea, especially since the
city doesn't offer to fund the defense of such libel lawsuits, even
though defense of the lawsuits -- especially a successful defense --
may also serve government interests: Speech that accurately criticizes
city officials serves city interests, too, by alerting the public to
possible malfeasance by government officials. And defending such
speech against unfounded libel lawsuits would likewise city interests,
by minimizing the deterrence of such speech. (I do not read Florida's
[5]limited anti-SLAPP statute as already providing such reimbursement
to successful defendants.)
The government's entering the debate, using city funds, in favor of
city officials and against citizens who criticize those officials,
thus seems to me to be misguided. And one site that is critical of
officials [6]argues that it violates [7]the city charter:
(a) Compensation. The Mayor and members of the City Commission
shall receive annual compensation, payable bi-weekly, equivalent to
average annual salary of the Mayor and Commissioners in the cities
within Volusia County. Said compensation shall not include
benefits, except medical benefits under the City's group health
insurance plan, the premium costs of which shall be fully paid by
the members of Commission who elect coverage. Said compensation
shall be identified as a line item within the annual budget and
shall be automatically adjusted every two years coincident with
adoption of the annual budget.
(b) Expenses. The Commission may provide for reimbursement of
actual expenses incurred by its members while performing their
official duties.
References
1. http://en.wikipedia.org/wiki/Deltona,_Florida
2.
http://deltona.zgraph.com/download.cfm?DownloadFile=8AC5749A-9747-238D-E2A73510000CD95F
3.
http://deltonabonafide.com/audio/2009/DeltonaRCM-20090216-mulderparanoia.mp3
4.
http://www.orlandosentinel.com/news/local/volusia/orl-loc-deltona-lawsuit-dennis-mulder-022109,0,6194948.story
5.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0768/SEC295.HTM&Title=-%3E2007-%3ECh0768-%3ESection%20295#0768.295
6. http://deltonabonafide.com/news.htm#open%20letter
7.
http://www.deltonafl.gov/go/deltona-sections/departments/city-clerk/city-charter
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