FAIRFIELD – The ACLU of Maine yesterday sent a letter to Joshua Reny, Town Manager of Fairfield, urging him to repeal an overbroad policy governing social media use by town employees. The policy violates the Fourth and Fourteenth Amendment rights of town employees, according to the ACLU.
In the letter, ACLU Public Policy Counsel Oamshri Amarasingham stated, “We are concerned that the Policy will have a chilling effect on your employees’ right to free expression, making them feel that there will be official retaliation against them for speaking in public, or, conversely for remaining silent on matters involving other employees.”
Fairfield adopted the policy in July in response to concerns that some town employees were insulting each other on social media. The policy prohibits a town employee from posting any information on a personal social media page that would “impair discipline and harmony among coworkers.” According to the ACLU, the policy is vague, overbroad and enforces subjective standards of what constitutes acceptable speech.
“It is well-settled law that government employees do not give up their constitutional rights by virtue of accepting public employment. While the Town may restrict some employee speech, Town employees retain First Amendment protection when speaking as private citizens on matters of public concern,” wrote Amarasingham. “Similarly, there can be no question that public posting of information or opinions on the Internet, using personal computers, is encompassed within the protections of the First Amendment.”
The policy also requires town employees to notify their supervisors if a fellow employee has posted something in violation of the policy, encouraging employees to monitor each other’s behavior. According to the Amarasingham, “The First Amendment does not permit this type of compelled speech.”
The full text of the letter is available online here.
