Lindke v. Freed and Social Media Use by Municipalities: Applying a New SCOTUS Test for State Action
Developing and Enforcing Policies for Public Employees and Officials
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Government
- event Date
Monday, May 13, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will examine unique legal issues for municipalities and government officials when developing and enforcing social media policies after Lindke v. Freed, ___ U.S.___(Mar. 15, 2024). The panel will review the holding in Lindke, discuss the latest legal developments, explore future trends, and highlight potential pitfalls.
Mr. Makarious represents clients on municipal, airport, environmental, and construction matters. His airport work includes representing airports around the country on the negotiation of complex lease transactions with airlines, including airline use and lease agreements and agreements with airline fuel consortia. Mr. Makarious worked to revise the Massachusetts Department of Transportation’s Aeronautics regulations, and works with the Department’s Aeronautics Division on matters regarding the use and regulation of drones. He has also assisted a private manufacturer of drone technologies in obtaining a waiver from the FAA for the use of drones beyond the visual line of sight, one of the first such waivers ever granted by the FAA.
Mr. Anderson is an associate in Anderson & Kreiger’s Litigation team. He works with private and public-sector clients on issues related to public sector law, municipal law, land use and zoning, white collar defense, and internal investigations. Mr. Anderson handles zoning and land use litigation for both private and municipal clients, advises public clients regarding state and federal regulations, and conducts investigations relating to employment law, including sexual harassment. He has also assisted with pro bono matters with organizations including the ACLU, Lawyers for Civil Rights, and the NAACP. Before joining Anderson & Kreiger, Austin served as a Law Clerk to the Honorable Jon D. Levy of the United States District Court for the District of Maine.
With the ubiquitous use of social media by local governments and their employees, developing and enforcing social media policies is critical for municipal counsel, because as was noted in Lindke, "When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private." Municipal policies should apply to all government employees and contractors, as well as elected and appointed officials.
Lindke established a new test for when speech is official or private. Legal issues that arise for municipal governments, officials, and employees using social media include First Amendment concerns, document retention questions, the potential for campaign improprieties, and employment law risks.
Listen as our authoritative panel examines the issues related to local governments' use of social media. The panel will discuss considerations and best practices when developing and enforcing social media policies.
- Lindke v. Freed
- Legal considerations for municipalities drafting social media policies
- Best practices for developing and enforcing social media policies
- Predictions for O'Connor-Ratcliff v. Garnier, 601 U. S. ____ (2024)
The panel will review these and other key issues:
- When does a public official's social media activity constitute state action under Lindke?
- What are the legal challenges local governments face when developing and implementing social media policies?
- What pitfalls should municipal attorneys consider when drafting and enforcing social media policies?
- What are the recent legal developments and evolving trends concerning social media policies for municipalities?
