Greetings:

Circumstances arose which necessitated that I research regulation of city owned or authored websites and social media pages.  This led to research and analysis of viewpoint discrimination and the First Amendment.

Does ANYBODY (OMAG attorneys) have a template for a policy for social media venues.

I am familiar with 74 O.S. section 840-8.1 and my municipality has approved a policy in compliance therewith.  I am familiar with the policy change in Quick v. City of Beech Grove (2016) in which the city changed its policy on deleting comments and blocking users.  The revised, agreed, new policy required the City to issue warnings if its Facebook policy is being violated. After three (3) warnings, the city's attorney will block the user.  I am also mindful that the ACLU agreed to this policy change in the settlement of the case.  But my concern is the 5th Circuit opinion in Robinson v. Hunt Cty., Texas, 921 F.3d 440, 444 (5th Cir. 2019), reh'g denied (May 16, 2019) in which a warning was given by the governmental entity that comments would be deleted and users blocked.  Despite the warning the 5th Circuit found viewpoint discrimination and First Amendment violation.  The dicta in Packingham is also concerning and leads me to believe that SCOTUS will, in the future, categorize social media sites as traditional public forums.

In the alternative, does anyone here believe it best not to adopt an official policy thus leaving open the argument that my municipality cannot be held liable on the grounds that it was not an official policy.  Looking for "devil's advocates" here.

Thank you all.

Title 74 O.S. 840-8.1 requires a municipality to have a policy if they operate a webpage or social media sites (see below).  I don't have an OMAG Sample Policy but here are few cities that have it on their websites:
https://www.okc.gov/departments/police/media-relations/social-media-policies; https://www.lawtonok.gov/policies/administrative-policy-3-27-social-media; https://omes.ok.gov/services/information-services/social-media-networking-policy-and-standards

Title 74. State Government
[http://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST74#Chapter27A-OklahomaPersonnelAct Chapter 27A - Oklahoma Personnel Act
[http://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST74#SocialNetworkingandSocialMedia Social Networking and Social Media
[http://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 840-8.1 - Social Networking and Social Media Policy and Standards
Cite as: 74 O.S. § 840-8.1 (OSCN 2019), Social Networking and Social Media

Social Networking and Social Media Policy and Standards
A. All state agencies and all political subdivisions of this state, shall adopt a social networking and social media policy that shall apply to the use of social media by state employees and employees of any political subdivision of this state to discourage abusive or offensive online behavior.
For purposes of this section, the following definitions shall apply:

1. "Social networking" or "social media" means interaction with external websites or services based upon participant contributions to the content. Types of social media include social and professional networks, blogs, micro blogs, video or photo sharing and social bookmarking; and
2. "Comment" means a response to an article or social media content submitted by a commenter.
   B. The social media and social networking policy developed by each agency and political subdivision of this state utilizing the guidelines established in this section shall apply to all state employees and employees of any political subdivision of this state who utilize social media or social networking networks for work purposes.
   C. Social media and social networking policies developed by each agency and political subdivision of this state shall discourage the sharing of content or comments by state employees and employees of any political subdivision of this state containing the following, when it is directed at a citizen of the State of Oklahoma:
3. Obscene sexual content or links to obscene sexual content;
4. Abusive behavior and bullying language or tone;
5. Conduct or encouragement of illegal activity; and
6. Disclosure of information which an agency and its employees are required to keep confidential by law, regulation or internal policy.
   D. Social media and social networking policies developed by each state agency and political subdivision of this state in accordance with the requirements established in this section shall be distributed to each affected employee by email.
   E. The state or a political subdivision shall not be liable if a loss or claim results from any action undertaken in their discretion pursuant to the provisions of this act.

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Suzanne D. Paulson
General Counsel
spaulson@omag.orgmailto:spaulson@omag.org

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From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Thursday, August 27, 2020 12:03 PM
To: oama@lists.imla.org
Subject: [Oama] Policy for Municipal Web Pages and Sites

Greetings:

Circumstances arose which necessitated that I research regulation of city owned or authored websites and social media pages.  This led to research and analysis of viewpoint discrimination and the First Amendment.

Does ANYBODY (OMAG attorneys) have a template for a policy for social media venues.

I am familiar with 74 O.S. section 840-8.1 and my municipality has approved a policy in compliance therewith.  I am familiar with the policy change in Quick v. City of Beech Grove (2016) in which the city changed its policy on deleting comments and blocking users.  The revised, agreed, new policy required the City to issue warnings if its Facebook policy is being violated. After three (3) warnings, the city's attorney will block the user.  I am also mindful that the ACLU agreed to this policy change in the settlement of the case.  But my concern is the 5th Circuit opinion in Robinson v. Hunt Cty., Texas, 921 F.3d 440, 444 (5th Cir. 2019), reh'g denied (May 16, 2019) in which a warning was given by the governmental entity that comments would be deleted and users blocked.  Despite the warning the 5th Circuit found viewpoint discrimination and First Amendment violation.  The dicta in Packingham is also concerning and leads me to believe that SCOTUS will, in the future, categorize social media sites as traditional public forums.

In the alternative, does anyone here believe it best not to adopt an official policy thus leaving open the argument that my municipality cannot be held liable on the grounds that it was not an official policy.  Looking for "devil's advocates" here.

Thank you all.