Excerpts from danherbertlaw.com:
FACEBOOK POST COSTS BATTALION CHIEF HIS JOB
In a notable case involving social media and public employment, a battalion chief in the Howard County Maryland Department of Fire and Rescue Services lost his job after posting a controversial message on Facebook. The department has a strict social media policy that prohibits employees from sharing content that could be seen as discriminatory, harassing, or defamatory, especially if it harms the department’s reputation or interferes with its mission.
In January 2013, Kevin Buker, a senior firefighter and battalion chief, was watching a gun control debate on TV when he posted on Facebook: “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 shared with other department officials, leading to an internal investigation.
Buker was asked to remove any language that violated the department's social media guidelines. He responded by deleting the original post and replacing it with a message that read: “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 expressed his belief that free speech is being eroded and that he fought for First Amendment rights, even though he claimed he wasn’t ashamed of his views.
Despite his explanation, Buker was terminated from his position. He then filed a lawsuit arguing that his First Amendment rights were violated. However, the Fourth Circuit Court of Appeals ruled against him, stating that the department had a legitimate interest in maintaining workplace harmony and operational efficiency. The court found that Buker’s Facebook post created internal division and undermined the trust between supervisors and subordinates, which conflicted with his role as a leader.
This case highlights the growing tension between personal expression on social media and professional conduct, particularly in public service roles where maintaining a positive image and workplace cohesion is crucial.
Grutzmacher v. Buker, 2017 WL 1049473 (4th Cir. 2017)
Thanks, Scott
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