They've got to be pretty close to crying "Uncle"

From the Belle Fourche Post and Bee:
Enforcing city resolution may be illegal
Veto, memo, are on Tuesday's city council agenda

By Milo Dailey
Editor

A city council resolution forbidding city officials and employees to spread rumors may be unconstitutional, according to a six-page memo from the Belle Fourche city attorney's office.

The memo and a veto of the resolution were on the agenda for Tuesday night's city council meeting.

The resolution passed at the last regular council meeting but was attacked by city hall employees at last week's legal-finance committee meeting, then was vetoed by acting mayor Bes Burckhard.

After the veto was filed, Assistant City Attorney Wade Nyberg forwarded a memo Friday to city hall for council's study packets.

The city attorney's opinion on the legality of the resolution had been requested by the council.

Nyberg's opinion noted, "The United States Supreme Court has decided a number of cases dealing with the First Amendment free speech rights of public employees. A public employee cannot be disciplined 'on a basis that infringes on that employee's constitutionally protected interest in freedom of speech."
Read it all here.

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