Between a Click and Hard Place: Developing a policy for social media use by municipal employees

Mina Makarious
Mina Makarious
Anderson & Kreiger, LLP

Mina Makarious is a partner at Anderson & Kreiger, LLP in Boston, Massachusetts. He serves as Town Counsel to multiple Massachusetts towns, and advises many others on governance, procurement, land use, environmental and other matters.

Austin Anderson
Austin Anderson
Anderson & Kreiger, LLP

Austin Anderson is a senior associate with Anderson & Kreiger, LLP in Boston, Massachusetts. His practice focuses on complex civil litigation for public-sector and institutional clients; white collar defense and internal investigations; and municipal law.

On-Demand: June 22, 2023

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Program Summary

Cities and towns trying to navigate social media use by public employees can find themselves in a seemingly impossible situation, caught between the conflicting interests of public employees exercising their constitutional right to free speech, on one hand, and members of the public unhappy with that speech, on the other. This webinar will explore the legal implications of developing and enforcing a policy for social media use by city or town employees. We will discuss how a policy can protect the municipality’s legitimate interests without interfering with employees’ free speech rights. We will also talk about some of the best practices and potential pitfalls involved in developing and enforcing social media policies, and some common issues that a good social media policy should help a municipality avoid.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Parameters of public employees’ free speech rights under the First Amendment
  • Municipalities’ legitimate interest in regulating employee speech
  • Best practices for drafting a legal and effective social media policy
  • Things to consider when enforcing a social media policy

Date: June 22, 2023

Closed-captioning available

Speakers

Mina Makarious_Anderson & Kreiger, LLP_FedBarMina Makarious | Anderson & Kreiger, LLP

Mina Makarious is a partner at Anderson & Kreiger, LLP in Boston, Massachusetts. He serves as Town Counsel to multiple Massachusetts towns, and advises many others on governance, procurement, land use, environmental and other matters. Mina also has significant experience in environmental and airport law, and has played an instrumental role in drafting regulations for multiple Massachusetts state agencies, including on advertising and other First Amendment related issues. Mina is a graduate of Harvard Law School.

 

Austin Anderson_ Anderson & Kreiger, LLP._FedBarAustin Anderson | Anderson & Kreiger, LLP

Austin Anderson is a senior associate with Anderson & Kreiger, LLP in Boston, Massachusetts. His practice focuses on complex civil litigation for public-sector and institutional clients; white collar defense and internal investigations; and municipal law. He has also worked on pro bono matters for clients including the ACLU, NAACP, and Greater Boston Legal Services. Austin is a 2016 graduate of Harvard Law School, and clerked for the Honorable Jon D. Levy of the U.S. District Court for the District of Maine.

Agenda

I. Parameters of public employees’ free speech rights under the First Amendment | 2:00pm – 2:15pm

II. Municipalities’ legitimate interest in regulating employee speech | 2:15pm – 2:30pm

III. Best practices for drafting a legal and effective social media policy | 2:30pm – 2:45pm

IV. Things to consider when enforcing a social media policy | 2:45pm – 3:00pm

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