Excerpts from danherbertlaw.com:
FACEBOOK POST COSTS BATTALION CHIEF HIS JOB
The Howard County Maryland Department of Fire and Rescue Services has a clear social media policy in place, which explicitly prohibits employees from sharing any content online that could be seen as discriminatory, harassing, defamatory, or racially offensive. The policy is designed to protect the department's reputation and ensure it can carry out its mission effectively without internal conflict.
In January 2013, Kevin Buker, a battalion chief with the department, was watching a news program about gun control when he posted on Facebook: “My aide had an outstanding idea…lets all kill someone with a liberal…then maybe we can get them outlawed too! Think of the satisfaction of beating a liberal to death with another liberal.†This post was later forwarded to another battalion chief, leading to an internal investigation.
Buker was asked to review the post and remove any language that violated the department’s social media guidelines. In response, he deleted the original post and replaced it with a message that read: “To prevent butthurt and comply with a directive from my supervisor, a recent post has been deleted. So has the complaining party. If I offend you, feel free to delete me…†He then added that he wanted to continue having open discussions on Facebook and wasn’t ashamed of his views. He also claimed that both local and federal governments were dominated by liberals, and that free speech only seemed to apply to them. He argued that he had fought for First Amendment rights, which he felt were being eroded.
Following this, Buker was terminated from his position. He then filed a lawsuit, claiming that his First Amendment rights had been violated. However, the Fourth Circuit Court of Appeals ruled against him, upholding the decision to fire him. The court found that the department had a valid interest in maintaining workplace efficiency and preventing internal disruption. It concluded that Buker’s Facebook activity created division within the department and undermined his role as a leader. His comments were seen as conflicting with his responsibilities, and there were concerns about his ability to lead effectively.
Grutzmacher v. Buker, 2017 WL 1049473 (4th Cir. 2017)
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