The NJ Police Chief Magazine - Volume 29, Number 7 | Page 10

Social Media Use in Public Safety
Whether using social media as an individual or as an agency , it ’ s important to consider the impact your words can have on you and the organization
By Captain Rex M . Sciscm ( Ret .), Content Developer , Lexipol Reprinted with permission from Lexipol , www . lexipol . com
The New Jersey Police Chief Magazine | April 2023
Entrepreneur and author Jay Baer once said , “ Content is fire / Social media is gasoline .” Although Baer ’ s quote is directed toward marketing in the private sector , I ’ ve certainly seen plenty of fire over the years when it comes to both personal and professional social media posts by those in public safety .
There ’ s no denying the power of digital information . Our ability to place or retrieve information through this medium is astounding . It ’ s no wonder since 59 % of the global population ( 4.7 billion users ) spend roughly 2.5 hours per day using a variety of social media sites . Here in the U . S . alone , 72 % of Americans use social media , accessing their accounts at least once a day . Simply put , the digital age is part of our normal routine .
Those who work in public safety have additional considerations when it comes to social media . Whether posting as an individual or part of your agency ’ s official online presence , it ’ s important to realize the impact your message can have ( good and bad ).
SOCIAL MEDIA AND THE INDIVIDUAL As public safety professionals , we already know we live in a glass house . Think about the impact you have just by donning the uniform . Maybe you have a take-home vehicle that sits in front of your residence . Your neighbors are keenly aware of your occupation , just by the statement you make when wearing a uniform or driving a marked vehicle . In a small town , everyone knows who you are .
Take it a step further and consider your online presence . Do you have a social media account ? Chances are , many of you have more than one . Nothing wrong with that ; however , there are things to be aware of . Most important is the impact your words have when they are connected to your occupation . In this line of work , we don ’ t have the luxury of turning off the occupation when our shift ends . Quite the contrary ; until retirement , we are never really “ off-duty .” Sure , we have leave days and even take vacation . But how many occupations have the ability to recall employees , cancel vacations , and require all hands on deck when an emergency situation unfolds ?
The same is true about posting as an individual on social media . Sure , you have rights like any other citizen and can largely depend on the First Amendment to protect those rights . But there are some limitations people in other occupations don ’ t have to worry about .
Jonathan Downes , a labor and employment attorney from Columbus , Ohio , puts this into perspective . Downes noted how , “ there ’ s no such thing as privacy on social media , even on a private page . Public employees leave some of their constitutional rights at the door in their service of the public .” Most legal professionals agree that social media postings are protected unless there ’ s a link to the public safety employee ’ s job duties , responsibilities , or the employing organization . Any of those details could easily connect the job to the public sector employee , which is where most get in trouble .
In Garcetti v . Ceballos ( 547 U . S . 410 , 421 ( 2006 )), the U . S . Supreme Court determined that certain speech by public employees is never protected . The Court noted , “ when public employees make statements pursuant to their official job duties , the employees are not speaking as citizens for First Amendment purposes , and the Constitution does not insulate their communications from discipline .”
Garcetti and other prominent court decisions on this matter ultimately led to a four-part analysis , which determines whether an employee ’ s speech is protected , and any subsequent employment action deemed appropriate :
1 .
The speech must not be made as part of the employee ’ s official job duties .
2 .
The speech must be regarding a matter of public concern .
3 .
The employee ’ s First Amendment speech right must outweigh the public employer ’ s interest in promoting the efficiency of
the public service it performs .
4 .
The employee must show causation between the speech and the adverse employment action , and , if the employee makes
such a showing , the employer must then show that it would have taken the adverse action regardless of the speech .
When you consider how certain messages on social media catch wind , it ’ s easy to understand the impact some posts can have on both the employee and the agency . We know from experience that the more outrageous the post made and the more high profile the person , the greater likelihood of their post going viral .
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