Tag: social media

Social Media Posts by Public Officials on Personal Accounts May be Public Records in Pennsylvania

Public officials frequently discuss issues of public concern on their personal social media accounts. The Pennsylvania Commonwealth Court recently addressed whether such social media posts are public records under the Pennsylvania Right-to-Know Law. Penncrest School District v. Cagle, ___ A.3d ____, No. 1463 C.D. 2021 (Pa. Commw. April 24, 2023). The court established a three-factor test to determine if social media posts by public officials on their personal accounts are public records… Read On

Employer Regulation of Off-Duty Conduct: Some Guidelines for a Difficult Subject

Most employers have no desire to interfere in their employees’ private lives.  But what can be done if an employee criticizes the employer or harasses a fellow employee online?  What is an employer’s recourse in the more extreme example of an employee who has participated in unlawful, violent behavior while off duty, as prominently featured in the news concerning participants in the January 6th breach of the U.S… Read On

How Social Media Becomes A Public Record Under Right To Know Law

As public officials are increasing their use of social media, the boundaries of what is considered public and private on such accounts is being explored in the courts.  For instance, the Court of Common Pleas of Monroe County, recently affirmed a decision of the Office of Open Records (OOR), which held that a Facebook page originally created by an individual while campaigning for borough council but later repurposed for official borough communications was a public record under the Right-to-Know Law… Read On

Municipal Regulation of the Content on Its Facebook Page or Website

As social media continues to expand as a means for both individual and governmental communication, it is important to understand the extent of the protections of the First Amendment that may apply to communications between citizens and the government on these platforms.  Questions about the degree of control governmental officials and the owners of the platforms can lawfully exert are ongoing. … Read On