Public Officials Social Media Use

What happens when private social media accounts of government officials and employees become public platforms.

A look at the implications and guidance from the Supreme Court in the case of Lindke v. Freed.

In Lindke v. Freed, the Supreme Court ruled on a case that has significant implications for local government officials. This decision serves as a reminder of the importance of staying informed about legal matters that could impact your work in public service. By understanding the details of this case about public officials’ social media use, you can better navigate similar issues that may arise within your public entity. Let’s delve into the specifics of the case and explore key takeaways to help you fulfill your role effectively and responsibly.

Overview of a Case about Public Officials Social Media Use

James Freed initially maintained a private Facebook account, later transitioning it to a public setting as the number of contacts approached 5000. Following his appointment as the City Manager of Port Huron, Michigan, Freed began sharing work-related content and engaging with user comments. Notably, when faced with criticism regarding the city’s pandemic response, Freed opted to block the individual in question. Subsequently, the user filed a lawsuit against Freed, alleging a breach of his First Amendment rights by contending that Freed’s account served as a public forum. Nevertheless, the judiciary ruled differently. With the surge in social media utilization by public figures, the Supreme Court overturned prior court rulings to establish clear criteria for determining when a public official’s personal social media presence qualifies as governmental communication.

So What Should You Do?

Entities should establish clear guidelines to designate authorized individuals to speak on specific subjects. Maintaining an official website provides a platform for the public entity to regulate shared information, enabling officials and employees to disseminate official communications through this channel. It is prudent for individuals to differentiate their personal social media accounts from their official roles within the entity. The Supreme Court’s ruling in the Freed case underscores the importance of this differentiation, as failure to separate personal and official posts can heighten liability for public officials.

Best Practices for Public Officials’ Social Media Use

Create Boundaries

When posting, make it clear if you’re speaking in a personal or official capacity. Have a disclaimer on your page that says your opinions are your own. Even better, have an official public page or use your entity’s public page for official announcements, not your private personal page.

Remember Their Rights

As much as it can be hurtful to see negative commentary online, everyone has the right to their own opinions. If you’re going to have an official public page, you need to remember that everyone has the ability to speak and you cannot stop them from doing so. If an inappropriate comment is made, you can absolutely have it removed from the page, but you cannot block the individual from having the right to respond to your official posts.

Plan Ahead

The officials and employees should have the freedom to express themselves as individuals and manage their content and audience without jeopardizing themselves or their employer. Thus, careful planning is essential to mitigate risks. Ultimately, fostering a culture of responsible and respectful online communication can benefit both individuals and the organization as a whole.

Clear Policies

One way to navigate this delicate balance is by establishing clear guidelines and policies regarding social media usage in the workplace. By providing employees with a framework that outlines acceptable behavior and communication practices, public entities can empower their staff to engage online while upholding the organization’s values and reputation. Additionally, offering training sessions on social media best practices and privacy settings can help employees feel more confident in their online interactions.

Looking for more information?

Check out Trident’s white paper on the Lindke v. Freed Supreme Court case and read more about what your public entity can do to help protect your government officials and your public entity from litigation in the future with social media use. Read the white paper here.