Public bodies must allow public participation where statute requires, and may regulate it. The line between order and viewpoint discrimination is where liability lies.
Permissible rules. Time limits per speaker; a total period for comment; requiring speakers to identify themselves in some jurisdictions; requiring comment to be addressed to the body rather than to individuals; germaneness to matters within the body’s jurisdiction; and prohibiting conduct that actually disrupts the meeting.
Impermissible. Excluding a speaker because the body dislikes the content; prohibiting criticism of officials; removing a speaker for tone or for being uncomfortable to hear; and inconsistent enforcement of the rules.
Disruption. The standard is actual disruption of the meeting’s business, not offence. A speaker who exceeds time and refuses to yield may be ruled out of order; a speaker whose comments are sharply critical may not.
Adopt rules in advance, in writing, apply them uniformly, and announce them at the start.
Chair discipline. The chair should state the rule being applied and the basis, on the record. Most successful claims arise from an unrecorded, ad hoc removal.
Remote participation raises the same principles, and muting a participant requires the same justification as removing one from a room.
Records. Minutes and any recording are public records, and the recording will be the evidence.