Brentwood City Council warned against adopting ‘unconstitutional’ requirements for local media

BRENTWOOD — As the City Council prepares to discuss requiring that local media adhere to a specific ethics code in order to receive advertising or press releases, a prominent free speech organization is warning them of potential legal consequences that could follow.

An item set for discussion on Tuesday evening’s council meeting agenda sets the 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, 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.

Meyer and Mendoza did not respond to requests for comment prior to the meeting.

The proposed discussion will involve “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 and that those organizations state publically (sic) that they follow those guidelines,” the council’s agenda says.

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.

Check back for updates. The Brentwood City Council meeting’s livestream can be viewed below: