The complicated societal and political times that we now live in have resulted in an explosion of social media communications from government employees that can conflict with the mission and image of the employing agency.

The rise of “alt” or “rogue” government social media accounts has become a notable development. These unofficial accounts, purporting to share scientific data, policy critiques, and dissenting perspectives from within federal agencies, appeared during the first Trump administration and have become active again in the second.

Although many claimed to be operated by current or former agency employees, their true affiliations were never verified. They reflected broader tensions between agency messaging and individual expression during periods of political controversy.

What can a government agency do if its employees’ social media activity contradicts or embarrasses the agency? The answer can be complex.

In contrast to a private company, when the employer is the government, its conduct toward its employees must comply with the US Constitution. This includes the First Amendment free speech guarantee, which is a nuanced and evolving area of the law. Further, major differences exist between the remedies available to federal employees and employees of state or local agencies.

First Amendment

Under First Amendment principles, a public employee can’t be disciplined by their employer for speech:

• On matters of “public concern”
• Outside the scope of the employee’s “...

Read Full Story: https://news.google.com/rss/articles/CBMipgFBVV95cUxQR3EtVFdnQWZ0a2FXdm1KV0w1...