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THE LEAGUE OF WOMEN VOTERS of Elmhurst - page 27 / 86

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Citizen Advocacy Center FINDINGS July 8, 2009

“In analyzing the circumstances under which the District’s policy is being implemented, the Citizen Advocacy Center found no compelling state interest which would permit the District to direct what issues members of the public may comment on.  According to the Citizen Advocacy Center, the fact that the Board has a general policy that mandates that personnel issues be communicated to the Superintendent rather than the Board, is irrelevant to the public’s capacity and legal right to comment on personnel issues directly to the Board.  Such comments are political in nature and lie at the heart of protected speech. Accordingly, the District’s policy is a content based restriction that violates the free speech protections afforded by the Illinois and United States Constitutions.”

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