Excerpts from danherbertlaw.com:
FACEBOOK POST COSTS BATTALION CHIEF HIS JOB
According to a case discussed on danherbertlaw.com, the Howard County Maryland Department of Fire and Rescue Services has a strict social media policy that prohibits employees from sharing content online that could be seen as discriminatory, harassing, defamatory, or racially or ethnically offensive. The policy is designed to protect the department’s reputation and ensure it can carry out its duties without disruption.
In January 2013, Kevin Buker, a battalion chief with the department, made a controversial Facebook post during a gun control debate. He wrote: “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 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 also claimed he wanted to continue engaging in debates online and wasn’t ashamed of his views. Buker further stated that both local and federal governments were dominated by liberal Democrats, and that free speech only applied to them. He argued that he had fought for First Amendment rights, which he believed were being eroded.
Following this, Buker was fired. He then sued the department, claiming 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 legitimate interest in maintaining efficiency and preventing internal conflict, which outweighed Buker’s right to express his views in such a manner. They concluded that his Facebook activity created division within the department and undermined 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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