Earlier this week, Shockey spoke at the Missouri Municipal League conference on the use of social media by elected and appointed officials. Based on the size of the crowd, it’s fair to say that this is a hot topic in municipal government and that people are looking for guidance. There is no shortage of horror stories about governing bodies getting caught in a social media disaster. It seems every city manager has a tale of a councilmember who said a bit too much or blocked a vocal critic, triggering a digital firestorm.
One way to handle this would be to “Just say NO!” to social media as a communications channel. However, we all know that simply saying “no” to social media is unrealistic. In today’s connected world, social media is an indispensable tool for engaging with the public, communicating key messages, and building relationships with your community.
But it’s a slippery slope, especially with the recent 2024 Supreme Court decision in Lindke v. Freed. This ruling added complexity to the already tricky terrain of social media for public officials. The Court ruled 9-0 that a public official blocking a critic on social media could face liability under 42 U.S.C. § 1983 if the action constitutes “state action.”
So, what does this mean for you as an elected official? It means guardrails are essential when managing your social media presence. Here’s a roadmap to help you avoid legal trouble and stay connected with your community:
1. Keep Personal and Official Accounts Separate
First and foremost, avoid mixing your personal and professional lives online. Personal social media accounts should be limited to family and friends, while official accounts should be reserved for public matters. If you use an account for both personal and professional posts, it can easily be interpreted as an official government channel, increasing your legal exposure.
2. Avoid Blocking Critics Based on Viewpoint
The Lindke v. Freed ruling reinforces that blocking users for their viewpoints can lead to legal consequences. Transparency is key—criticism, while uncomfortable, is part of public service. Instead of blocking, use engagement policies to filter out offensive or harmful content without silencing differing opinions.
3. Set Clear Social Media Engagement Policies
Create and publish a clear engagement policy for your official accounts. Define what constitutes inappropriate behavior (e.g., threats, spam, profanity), but be careful to avoid restrictions based on political views or criticism. Clear guidelines will help manage conversations while respecting free speech.
4. Train Your Team
Ensure your staff and communication teams are aware of the legal implications of managing public social media accounts. Consistent and clear internal processes can help prevent unintentional violations of the First Amendment.
5. Be Transparent, but Cautious
Public trust is built on transparency. Share information openly, but always pause before posting. Think critically about whether your message could be interpreted as an official government statement. If in doubt, consult with your city attorney or communications team.
Social media is a powerful tool for building relationships and engaging your community. However, with great power comes great responsibility. The Lindke v. Freed decision highlights the importance of setting guardrails on how you manage social media, ensuring you’re not just effective in your communication but also legally protected.
At Shockey Consulting, we’re passionate about helping local governments navigate these complex issues with confidence. Follow me on LinkedIn to read more about social media, using AI for social media, and how to combat misinformation and disinformation.