Insult a Warren High official at a meeting? You might be sued

Warren Township High School's superintendent and board president say they might look into legal action against a man who they contend made unflattering comments about them at a public meeting.

Phil Sobocinski, superintendent of Gurnee-based Warren District 121, and board President John Anderson said they intend explore whether defamation occurred during a retired instructor's 3-minute spiel Tuesday that included the words "cheating," "deception" and "illegal."

Retired Warren instructor Rick Bryan stoked the fire when he used public comment time to opine about a controversy over the school requiring juniors to meet stronger academic standards before taking an annual achievement exam.

While Sobocinski said he'll consult an attorney on whether to seek legal action against Bryan, a First Amendment lawyer doubts he would get far. The attorney, Donald Craven, also said a state law now gives the public more leeway when speaking at government meetings.

Some of the public comment Tuesday related to an Illinois State Board of Education position that District 121 treats students differently for testing purposes. In a letter last month, the state claimed Warren is violating state and federal requirements and must halt its new testing procedure.

Bryan, who filed a separate complaint about Warren with the state, said Sobocinski "shouldn't get a pass for cheating" and referred to the district's "illegal practice" that prevented about 150 juniors from taking the Prairie State Achievement Exam last April.

Warren officials said nothing improper occurred. They say the juniors didn't meet the 11 required credit hours in time or the higher standards for English, math or science, so they couldn't join their classmates for the achievement testing that included the ACT college entrance exam.

Anderson responded to Bryan after the public comment time ended.

"I take personal offense to people standing in front of me calling me a liar," Anderson said. "I'll tell you right now, if I find out that in any way is slander, I will prosecute to the full extent of the law. I'll tell you that right now."

Sobocinski followed a few minutes later with a message of his own for Bryan.

"I take exception to all those things," Sobocinski said. "I will check with my lawyer to see if any of those remarks were scandalous or slanderous and I will pursue legal action, because they were unwarranted."

Sobocinski, citing legal advice, declined further comment Wednesday.

Craven said any legal action will not be easy because of the state's Citizen Participation Act, in effect since 2008. He said the act allows government meeting attendees have great leeway if they participate when public comment is sought.

"It is in the public interest and it is the purpose of this act to strike a balance of the rights of persons to file lawsuits, speak freely, associate freely and otherwise participate in government," says the state law.

Craven said the act requires a public official to pay a defendant's legal costs if a defamation or similar lawsuit fails. Lawsuits against public participation that were filed elsewhere served as the impetus of the act.

Those who are sensitive to public criticism should not be in an elected position or on a government payroll, said Craven, who recently ignored local residents' barbs in his role as an official for a Springfield-area water district.

"Most people have the 'water off a duck's back' philosophy," he said.