Local Government Law Institute - Case Law and Legislative Update 2023

This session discusses the potential legal pitfalls in government social media. It summarizes recent court decisions (1) holding that a government social media account or page is a designated or limited public forum, (2) finding governments in violation of the First Amendment for removing comments that constitute protected speech, and (3) analyzing when an elected official’s personal social media page becomes so entangled with their government duties that it becomes a public forum. It also provides tips for advising local governments on legally defensible social media comment policies. Originally presented as part of the 11th Annual Local Government Law Institute.

Contentious issues involving the Freedom of Information and Open Meetings Act can feel like the “Municipal Attorneys' Full Employment Act.” Questions about personnel records, police videos, texts by elected officials, social media posts, unduly (as well as not unduly but still tremendously burdensome) requests, and remote meetings continue to pop up in daily practice. This session addresses some of the more sticky and recurring sunshine law issues and the latest developments in those areas.

Attorneys from the Public Access Bureau of the Office of the Illinois Attorney General discuss binding and non-binding opinions on challenging Freedom of Information Act (FOIA) and Open Meetings Act (OMA) issues. Originally presented as part of the 11th Annual Local Government Law Institute.