Written by Robert Anderson Publisher
The Lehigh Acres Fire and Rescue District, using the social media site Facebook.com, has expressly created a “forum open to the public.” The Fire District can only prohibit speech that was obscene, sexually explicit, racially derogatory, defamatory, solicits or is an advertisement, and that suggests or encourages illegal activities. But only under Facebook community standards rules.
The Fire Districts have its own rules governing the Facebook and other social media platforms (SOG 100.09.00) posts are here it states, “All social media platforms used by the District are designated as Limited Public Forums and are subject to the control of the District. Posting of any content on any social media platform of the District by any visitor, follower, subscriber or fan, constitutes the user’s agreement and acceptance of the terms/rules of use described in this Social Media Guidelines document and any other directive of the District.”
By the way, want is a “Limited Public Forums”, Fire district? …. Facebook is a social networking website by definition.
The Fire Districts Facebook page also states, “If an individual wishes to use a social media platform of the District’s, the individual, by using the District’s social media platform, is agreeing to abide by the District’s Social Media Guidelines and Terms/Rules of Use, as an initial and ongoing condition of the use of the District’s social media platform. These guidelines are posted on our website here: https://www.lehighfd.com/community/page/community-outreach”
The Lehigh Acres Fire department CAN NOT write new rules for its visitors, followers, subscribers or fans that override Facebook community standards rules and / or other social media platform rules they use.
The district can set standards for employees of the district for social media platforms but how can they set standards visitors, followers, subscribers or fans?
This raises the question of whether government such as the Lehigh Fire District is obligated to respect the rights of speech on social media when the speech is critical of the government or if it can simply delete comments that paint the fire district in a bad light.
In July of 2019, a New York Federal appeals court upheld a lower court decision from 2018, which disallowed President Trump to block his critics and naysayers from his personal Twitter account. This decision set a first-time precedent stipulating that “the First Amendment does not permit a public official who utilizes a social media account for all manner of official purposes to exclude persons from an otherwise‐open online dialogue because they expressed views with which the official disagrees,” wrote Judge Parker, who was nominated to the appeals court by President George W. Bush.
Randy Scott and his possible lawsuit against the Fire District also adds that there are broader implications, “It’s not just Facebook. Think YouTube and Twitter comments.” Scott’s lawsuit alleges “Defendants, by denying Plaintiff’s political speech, caused Plaintiff to lose a critical opportunity to communicate on topics of importance to society.”
Many government critics have experienced similar censorship when they post comments on tax-payer funded social media. A fire district has nothing to hide and can use social media effectively to serve the public.
But one thing is obvious: If government such as a fire district creates a tax-funded public forum inviting feedback, only to delete comments or ban citizens that are critical, that can probably be defined as censorship.
What is Censorship in America? … Generally, the term “censorship,” when applied to American laws, refers to the government’s act of banning or altering media, speech, or performances. This is generally based on the presumption that such materials are, or will be, offensive or dangerous to the public.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” First Amendment of the U.S. Constitution passed by Congress September 25, 1789. Ratified December 15, 1791.
Mr. Richard Pringle the Lehigh Acres Fire Board attorney in an email sent to Randy Scott states: “On multiple occasions in the past, you have placed content on the District’s social media platforms in violation of the District’s Social Media Guidelines. Initially, the District removed content you placed on the District’s social media platforms that were in violation of the District’s Social Media Guidelines. Recently, because of additional violations of the District’s Social Media Guidelines by you, the District progressed to taking the corrective action of blocking you from the placement of new content on the District’s social media platforms.”
What removed content violated the so-called District’s Social Media Guidelines, Mr. Pringle? Do you even know?
We ask Pringle by email to provide the so-called removed content that Scott posted but to date, Pringle has not returned our email.
Should the Fire District refuse to unhide Scott’s posts, we are very sure Scott will be asking the Court for punitive damages for the clear reckless and callous indifference to his First Amendment rights. See Smith v. Wade. 461 U.S. 30, 56, 103 S.Ct. 1625, 75L.Ed.2nd 632 (1983) (Punitive damages are available “when the defendant’s conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.”).
Did Katie Heck the PIO of the Fire District show evil motive or intent, or when it involves reckless or callous indifference to Mr. Scott’s posts that are federally protected? This is grounds for the fire board to remove Heck from her job. But we do believe that will this not happen for some time.
Ladies and gentlemen, it is 2020. This year, everything counts. Every battle, every word, every event, and every dollar will go toward or against the future of this Fire Department. Mark my words the fire commissioners will go after more money from the taxpayers in November of 2020.
That we ask of every single one of you is to make this year count. In whatever capacity you can—Learn the Truth ……. Before it’s too Late and FIGHT!