Agenda Materials for June 22, 2023 Schools Safety Task Force Meeting

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Force Member Tina Sykes followed up noting that the event occurred after school hours at an athletic event and the statute may not have been applicable as part of a non- educational activity. Task Force Member Atack noted that addressing potential events by ordinance was difficult since every situation, school, school property, etc. was different. With no more comments or questions, Facilitator Bryan thanked Mr. Roberts for his presentation and discussion with the Task Force. 5. Presentation by UNC Professor Mary-Rose Papandrea Facilitator Bryan introduced UNC Professor Mary-Rose Papandrea from the UNC School of Law, sharing her biography with the Task Force. Professor Papandrea expressed her appreciation for the opportunity to present to the Task Force and that she was glad to help. Ms. Papandrea did note that she could not provide legal advice to the group. Professor Papandrea shared that she hoped to provide some background on the First Amendment, with a focus on two civil rights-era US Supreme Court cases involving attempts to restrict speech around schools. The background may help guide the Task Force's conversations about how to proceed in Orange County. Professor Papandrea initially noted some important background principles. The First Amendment has some categories of expressive activities that are carved out and have either no or limited First Amendment protection. Knowingly false defamatory statements are not protected under the First Amendment. True threats encompassing statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence are not protected. Professor Papandrea also referenced incitement, which encompasses statements that are directed to inciting immediate unlawful activity, and is not protected. She noted the events of January 6, 2021 in Washington, DC as a possible example. Fighting words, which are statements specifically directed to a person face to face that are likely to provoke the target to engage in violence, are also not protected, but this is a tricky area sometimes. These categories are defined in law. Professor Papandrea shared that the fact that speech is upsetting is not enough, and that there is no category of unprotected or lesser protected speech called "hate speech." Restricting "offensive," "agitating," or "annoying" speech is impermissible under the First Amendment as it would permit the punishment for unpopular views. Ms. Papandrea referenced Westboro Baptist Church's unpopular efforts as fully protected speech. The Supreme Court held that the Westboro Baptist Church has a First Amendment right to engage in its speech on streets, sidewalks, and parks.