Changes needed after racist `Zoombombing' in Marin

One of the few positive developments emanating from the COVID-19 pandemic is that many public agencies enabled a greater degree of public interaction using Zoom and similar online video-conferencing technologies. Unfortunately, some morally bankrupt White supremacists managed to game the technology, undermining its usefulness.

The stunt is called “Zoombombing.” Boston's Tufts University defines the term as “unwanted, disruptive intrusion, generally by internet trolls, into a video conference call. Zoom raiders often employ shocking imagery, racial epithets and profanity to derail video conferences.”

Larkspur Councilmember Catherine Way reports that the Sept. 20 city council session was the victim of a racist zoombombing attack. Comments came from two male voices whose bogus names were listed on the athome video screen. Their brief statements, solely devoted to hate speech aimed at Jews and African Americans, were offensive to decent, well-adjusted adults.

Larkspur City Attorney Sky Woodruff opined that such utterances are protected by the First Amendment. That's not a universal lawyer's opinion, but Woodruff's duty is to give his best conclusion.

The First Amendment has never been held to permit unfettered speech on all occasions. As a veteran member of The State Bar of California, I'm certain that if anyone appeared on the witness stand in Marin Superior Court and uttered racial slurs, no judge would permit such talk. If the miscreant tried it a second time, the bailiff would properly be ordered to escort them from the courtroom to a holding cell after being cited for contempt of court.

Larkspur isn't the only jurisdiction whose admirable efforts to open their meetings to a wider public are thwarted by racists taking advantage of online technology. The Sonoma County Board of Supervisors and Tiburon Town Council are among multiple North Bay communities experiencing similar outrages.

This didn't happen before the pandemic as few governmental agencies allowed live remote public comments. The rants rarely occurred when public open times were limited to in-person comments. Few physically present made such utterances, since it was probable that their identity would be discovered when their racist slurs were captured live and posted on social media.

White supremacists are inherently cowards, well aware that if their friends, family, neighbors and employers knew they were involved in such activities, they'd be shunned and unemployable.

The online format enables racists to hide in the shadows as they spout their venom. Any effort to identify and expose them is to be applauded.

If Woodruff's analysis that the

First Amendment protects disruptive public hate speech is correct, the alternative is to abandon the technology. That's what the Mill Valley City Council did. Mayor Jim Wickham said that fears of zoombombing led officials to alter their citizen-council interaction during meetings.

Mill Valley adopted the “ecomments” model. Citizens are invited to send remote comments to the city clerk via email.

The city's rules indicate,

“Each individual is limited to one e-comment per agenda item. All additional e-comments sent by the same individual for the same agenda item will not be read out loud during the meeting but will be recorded into the public record after the meeting has been adjourned. Staff will read each e-comment into the record for no longer than two minutes. Please limit your e-comment to 200-250 words as this is the approximate word count of reading aloud for two minutes. All e-comments will be included in their entirety in the public record after the meeting.”

Wickham said Mill Valley City Attorney Inder Khalsa believes this procedure satisfies First Amendment requirements.

E-comments aren't as flexible as the live online inaction that Zoom facilitates. Yet, if abandoning Zoom-like technology is the only way to prevent haters from vomiting their bilge at public meetings, then that change is the right way to go.

Mill Valley adopted the `e-comments' model. Citizens are invited to send remote comments to the city clerk via email.