Hello Anna:

This is very sticky. Particularly for public employers- like public library boards and municipalities.

In the government workplace there are considerations that may not apply in the private corporate or business workplace. Speech criticizing the government and public entities – employers or no- is among the most protected speech under the First Amendment.

However, there are some guidelines public employers can implement.

There are two separate forums to consider:

Social Media accounts owned by the employer

Use of employer equipment

Actions done during an employee’s work hours

And

Employee personal social media accounts

Employee’s personal equipment

Actions done during employee’s personal time

Generally, public employers have to be careful in policies restricting employees’ personal social media speech that is conducted outside of work hours on equipment owned by the employee.

I have listed below some links and information that may be helpful in crafting a policy. Two are different versions of the same paper. The other article (“Public Employer Social Media Article,” above, please see page 10 and on).

I strongly encourage your board to have their attorney review any policy before implementation. This area is still very grey for public employers and an attorney can help draft a policy that will protect employee’s First Amendment Rights while also protecting the employer.

Resources:

https://www.fosterswift.com/communications-Social-Media-Employers-Policy-Speech.html

http://www.ndaco.org/image/cache/Public_Employees_and_Social_Media.pdf

https://www.brookings.edu/wp-content/uploads/2016/06/01_social_media_policy.pdf

https://www.ctg.albany.edu/publications/social_media_policy/

I hope this is helpful!

Clare D. Membiela, MLS, J.D.

Library Law Consultant

Library of Michigan

MembielaC@michigan.gov

517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

Family Matters is an outreach effort to equip families of children with disabilities by offering free information and resources.

Visit Family Matters, call OSE Information Line at 888-320-8384 or Email: mde-ose@michigan.gov.

From: michlib-l-bounces@mcls.org <michlib-l-bounces@mcls.org> On Behalf Of Anna Curtis via Michlib-l
Sent: Friday, January 10, 2020 2:24 PM
To: michlib-l@mcls.org
Subject: [Michlib-l] Personnel Comments

Hi Everyone,

My Board was wondering if any library had a policy regarding employment probation/termination due to disparaging remarks about the library made by employees on social media during non-work time on their personal accounts.

I honestly have my doubts, but said I would look into it.

Thanks!

Anna M. Curtis, Director
Eaton Rapids Area District Library
220 S. Main Street
Eaton Rapids, MI 48827
517-663-0950 x401