Attorneys Gene Libby and Tyler Smith establish free speech violation

Our client criticized a member of the Kittery Town Council on February 22, 2017.  The Chairperson of the Council, Gary Beers, had the client removed for “casting aspersions on a sitting councilor.”  Attorney Gene Libby filed a Notice of Claim against the town and negotiated a settlement, without filing a complaint, that included a written and oral apology from Chairperson Beers at the August 2017 council meeting.  Beers apology stated:

“After review and reflection, I now conclude I acted incorrectly in requesting [Client’s] removal from the Council while he was in the process of exercising his First Amendment right to free speech.  I now wish to apologize to [Client] for my incorrect decision and order.  I meant no personal disrespect to [Client] who I recognize as a concerned citizen.  Although I may disagree with his publicly stated position I now recognize his right to publicly state it before the council.”

Gene R. Libby

Gene R. Libby
Partner

Gene has a rich history of litigation experience over the last 30 years. He has tried over 100 civil and criminal jury cases to verdict. His practice focuses on a wide variety of civil and criminal litigation representing individuals and small businesses, including divorce, real estate disputes, small business litigation, elder law, personal injury, professional… Read more »

Tyler J. Smith

Tyler J. Smith
Associate

Tyler Smith joined Libby O’Brien Kingsley & Champion as an associate in 2012. He represents clients in civil litigation, employment law, and criminal law matters in state and federal courts. Tyler is also a skilled appellate advocate. He has handled over 20 appeals, argued before the United States Court of Appeals for the First Circuit and… Read more »