Articles By Chris Livingston FREE SPEECH, FACEBOOK, MYSPACE AND MY POLICE JOB People will post just about anything on Facebook and MySpace. One of my favorites is this quote: “Don’t like the police…call a crack head the next time you need help!” One Texan posted this: “I’m not an alcoholic, I’m a drunkaholic.” Unfortunately for this Texas, he was involved in an injury accident and charged with DUI. The prosecutor’s job was all too easy once the jury saw the “drunkaholic” statement from his MySpace page. Yes, attorneys and employers are checking your page. And not just for articles like this one. On February 28, 2008, Brady Lewis, a police dispatcher in Anderson, Indiana was placed on administrative leave because “profanity, racially charged words and language that might be offensive to woman” was found on his MySpace page. Lewis was also a reserve police officer in a neighboring town. He was immediately asked to turn in his badge. None of his comments directly involved his position as a police dispatcher or reserve officer, but both departments found his conduct “unbecoming.” Lewis claimed that he only meant the page for friends and had marked his profile as private. Furthermore, he asserted a First Amendment right to post humor on his page. Lewis’ appeals fell on deaf ears. The Chief of Police succinctly stated, “I was shocked a little bit [upon viewing the page]. It’s not my kind of humor.” Police officers need to be aware of the fine line between protected speech and a statement that will send you to Internal Affairs; even an internet statement on MySpace or Facebook. In Garcetti v. Ceballos, 126 S. Ct. 1951 (2006), the United States Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” Under Garcetti, police officers’ complaints about working conditions or a supervisor is not protected speech. In fact, the Fifth Circuit Court of Appeals recently upheld disciplinary action against a University of Texas employee because the “speech” the employee engaged in was nothing more than “a personal grievance about his wages.” These statements should not be made to the media and are best left off you’re my Space page – even if the page is marked private. A famous Supreme Court Justice once stated that a police officer “may have a constitutional right to talk politics, but he has no constitutional right to be a policeman.” McAuliffe v. Mayor of New Bedford, 29 N.E. 517, 517 (Mass. 1892). Remember you have no constitutional right to be a police officer. When you post on the internet be yourself, but avoid obvious negatives. Do not post that Sergeant Blockhead and Mayor Gumby are idiots. Do not post that you hate your department or that you hate the citizen Kane. Also avoid posting sleazy or drunken photos; especially ones where anyone is even partly in uniform – your partner will thank you later. It may help to ask yourself whether you would want your mother, priest, pastor, son or daughter to see your site. You may not even want to admit homosexuality or extreme political or religious views. Instead, use your MySpace or Facebook page affirmatively to build visibility and credibility as an expert in police work or your hobby. Also consider joining more “serious” networking sites to help you in future job searches. Remember your MySpace or Facebook page might be used against you. ______________________________________________________________ Chris Livingston is an attorney with Lyon, Gorsky, Haring & Gilbert, L.L.P., 3131 McKinney Avenue, Suite 100, Dallas, Texas 75204; 888/711-2583, website: LyonGorsky.com email Chris at clivingston@LyonGorsky.com. |