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.Credits: 0.75 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 0 Other PR
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.
Steven M. Elrod, Elrod Friedman LLP, Chicago
Julie A. Tappendorf, Ancel Glink, PC, Chicago
Expires: 11/1/2025
