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The U.S. Supreme Court Hears Argument on Government-Hosted Social Media and the First Amendment

By David Urban on November 9, 2023

Last week, on October 31, 2023, the U.S. Supreme Court heard argument in two important cases concerning the First Amendment and government agencies. Both cases present the question of when and how First Amendment free speech standards apply to government officials in curating public comments on their social media pages.

The cases are O’Connor-Ratcliff …

Ninth Circuit Provides New Guidance For Defining Protected Speech Under the First Amendment And The Permissible Scope Of Social Media Policies

By Mark Meyerhoff & David Urban on August 23, 2022

Posted in First Amendment, Social Media

Social media sites have become the new “public square” where individuals share opinions and information about all types of political and societal events. Public sector employees, as much as anyone else, use social media to post viewpoints and to participate in public debate. Problems arise, however, when a public employee posts harsh, derogatory, defamatory, or…

A SWAT Sniper’s First Amendment Rights Impact a Police Department’s Ability to Discipline Him For a Facebook Posting

By Megan Atkinson on January 26, 2021

Posted in Constitutional Rights, Employment, First Amendment, Social Media, Workplace Policies

In 2015, someone shot a police officer and a suspect was later arrested. While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting. He wrote, “It’s a shame he didn’t have a few holes in him.” An anonymous tip came in about the post, there was…