Big Win in Bitler v. Robeson Township

Yesterday Judge Leeson of the District Court for the Eastern District of Pennsylvania ruled in favor of our client, Timothy Bitler Sr., a supervisor on the Board of Supervisors in Robeson Township. Mr. Bitler has been recording township meetings, including the Board of Supervisors meeting, to give local citizens an opportunity to watch their elected officials in action at the public meetings without having to attend. This is especially beneficial for those who travel for work or have other reasons that they are unable to attend in person.

In the spring of this year, the township passed a resolution barring recording before and after the meeting, as well as during breaks in the meeting. This was in spite of the fact that there were some very important outbursts by public officials towards individual citizens during those breaks. Bitler was prevented from recording these outbursts with the penalty being that he would be removed from the meetings if he did continue recording at those times.

We filed for injunctive relief on his behalf and asked the court to order the township not be permitted to enforce its ordinance while a lawsuit on the underlying ordinance goes forward. Part of obtaining an injunction is proving that we are likely to prevail on the merits. Yesterday Judge Leeson, in a written opinion, agreed that we are likely to prevail because of the important First Amendment rights that are protected in this case.

You can find Judge Leeson’s full opinion here. We believe that the First Amendment is extremely important. It is especially important at public meetings, both before and after they begin, when public officials are interacting with the public on political issues. We are proud to stand with Mr. Bitler in this matter and we will continue to fight for the First Amendment at every opportunity.

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If you need help with a First Amendment issue, contact the attorneys at Cornerstone Law Firm to schedule a consultation.