As Robbie Brown reports in today's New York Times, "legal scholars agree" this is "a clear violation of the Constitution." Brown quotes Mark Hayes, general counsel for the Arkansas Municipal League: “I’ve seen some humdingers, but never any ordinance like this. This is certainly one for the books.”
A Little Rock broadcast journalist, Donna Terrell, was so surprised by news of the ordinances that she blurted out on television, "You've got to be kidding me." She subsequently attributed events in Gould to the lack of anonymity in small towns:
Political feuds become especially heated in places “where everybody knows everyone." ... "You start to see a lot of emotion where sometimes in a larger city people tend to mask their emotions.”Brown notes that the discord has arisen, in large part, because of differing opinions over what to do about the city's fiscal crisis: $300,000 in unpaid taxes. I wonder if, as in Quartzsite, Arizona, the core dispute in Gould is about the size and role of (local) government. Another common theme of events in Arkansas and Arizona is that both governing bodies have responded to public criticism by trying to squelch it (e.g., not permitting public comments at meetings; banning organizations that criticize the government). Funny, I would have expected small-town, libertarian leaning governments to be more likely to endorse the good ol' marketplace of ideas.
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