Of interest … social media posting costs battalion chief his job

Excerpts from danherbertlaw.com:

FACEBOOK POST COSTS BATTALION CHIEF HIS JOB

From the website of Dan Herbert Law, we come across a case that highlights the potential consequences of online speech in the workplace. The Howard County Maryland Department of Fire and Rescue Services has a strict social media policy that forbids employees from sharing content that could be seen as discriminatory, harassing, defamatory, or racially or ethnically offensive. Such posts, if they bring negative attention to the department or hinder its mission, can result in disciplinary action.

In January 2013, Kevin Buker, a battalion chief with the department, was watching a gun control debate on TV when he made a controversial Facebook post: “My aide had an outstanding idea…let’s 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.” Two colleagues saw the post and forwarded it to a higher-up, which led to an internal investigation.

Buker was asked to remove any language that violated the department's social media guidelines. In response, he posted: “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 keep debating on Facebook and wasn’t ashamed of his views. He also claimed that local and federal governments were all liberal Democrats and that free speech only applied to liberals. He said he fought for First Amendment rights, which he felt were being eroded.

Following this, Buker was fired. He then sued the department, arguing that his First Amendment rights were violated. However, the Fourth Circuit Court of Appeals ruled against him, upholding his termination. The court found that the department had a valid interest in maintaining efficiency and preventing internal conflict, which outweighed Buker’s right to express himself in such a manner. They concluded that his Facebook activity disrupted operations and created division within the department, undermining his role as a leader. There were concerns about his ability to lead effectively, and subordinates may no longer respect him.

Grutzmacher v. Buker, 2017 WL 1049473 (4th Cir. 2017)

Thanks, Scott

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