BRENTWOOD — The City Council here on Tuesday evening decided they’d like more time to talk about requiring that local media adhere to a specific ethics code in order to receive advertising or press releases.
The decision followed a debate about the First Amendment and how they’d been portrayed in the media, and came after a prominent free speech organization warned them of potential legal consequences.
The agenda item discussed Tuesday evening involved a blueprint toward “requiring media outlets with which the City spends money on advertising, or that distribute City press releases, be held to the Society of Professional Journalists Code of Ethics.” But a letter authored by the Society of Professional Journalists and the First Amendment Coalition says they’d violate the Constitution by doing so.
“We are writing to let you know that your idea for discriminating against news outlets is unconstitutional, no matter how well intentioned it might be,” the letter says. “Given these First Amendment protections, we expect the city to take no action on this proposal.”
The proposal in question was suggested by Brentwood Vice Mayor Susannah Meyer and Councilwoman Jovita Mendoza at a June 25 meeting, in part because of a controversy in neighboring San Joaquin County. Last month, a grand jury there warned of disinformation being disseminated by a local blogger who was using his platform to “continuously intimidate city staff and elected officials.” Both Meyer and Mendoza referenced that report in their brief discussion.
Mendoza and Meyer did not respond to requests for comment prior to the meeting.
The proposal also said that local media outlets should publicly state that they follow the SPJ’s code of ethics.
David Loy, the First Amendment Coalition’s legal director, said in an interview that both proposals involve the types of litmus tests that the Supreme Court has roundly rejected.
“It’s clear that what they were doing is using the power of the purse to retaliate against publications that don’t do what they think they should. That’s a blatant attack on freedom of the press,” Loy said. “They’d be withholding ad revenue from organizations that do not conform to how the government thinks they should operate…the city can’t use that as leverage to force publications to do what the government wants.”
The FAC and SPJ have not yet threatened legal action against Brentwood, but they have recently shown their willingness to take legal action against local governments. Earlier this month, both organizations filed a federal suit against Alameda County for adopting an ordinance prohibiting people from watching sideshows, arguing the law could be used to restrict journalists from covering them.
After taking public comment and debating the issue, the Brentwood City Council decided that a subcommittee should discuss it further before any decision is made.
Check back for updates. The Brentwood City Council meeting’s livestream can be viewed below:
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