First Amendment Clinic presents to city/county attorneys on social media presence

Abstract

The First Amendment Clinic presented to 140 city and county attorneys in Georgia on the current state of the law regarding public officials blocking constituents on social media. First Amendment Clinic Director and Clinical Assistant Professor Clare R. Norins and second-year student Mark L. Bailey shared that a critical mass of courts that have addressed this issue find that when using a social media account to communicate with the public about official duties and activities, a public official violates the First Amendment if they censor or block a user because of disagreement with the user's expressed viewpoint. The pair discussed the elements of the First Amendment claims that arise from social-media-blocking, the factors that courts consider in adjudicating these claims and suggested some best practices for municipal attorneys to consider when counseling their clients on how to reduce risk of liability associated with social media use. The presentation was hosted by the Georgia Municipal Association during September.

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