Does the 1st Amendment Cover This?

Photo via www.docslide.com

Photo via www.docslide.com

When you’re a police officer, you are held to a higher standard. There is no arguing that. If you think it’s unfair, then you should probably find another line of work.  If you believe you should be allowed to say whatever you want, then you should really find an outlet other than social media to voice your opinion.

An officer in Marlin Texas decided to use his Facebook account to post some questionable comments. His first volley wasn’t what I would really get all worked up over. Framed in the right way, he might have actually been doing a bit of a public service message.

They were comments about his disdain of shopping for groceries on the first day of the month about food stamps,  tattoos, “bling,” along with the laziness of some shoppers. You get the picture. It was his second thought to keyboard sans filter that was the reckless and moronic part.

“I promise, if I ever snap and go on a killing spree, it will be in a supermarket on the first.”

I’m sorry officer, could you repeat that? Oh, never mind…you don’t need to. You put it on Facebook! You uttered the thought into text and published yourself right into suspension…and well deserved! Here is a thought from every lawyer going right now.

“I promise if you ever snap and go on a killing spree un a supermarket on the first I want to represent all the families in the lawsuits and be present for your execution for premeditated murder.”

The First Amendment affords a great deal of right, but with all rights there is an equal amount of responsibility. Some practitioners of social media will even applaud a disclaimer that look to separate you from your employer in cases of stupidity errors in judgement but they satisfy a legal team to say, “He acted in his own accord.”

But even those lawyers will admit in a lawsuit the employer will still be held to account for their members published thoughts if those thoughts are egregious enough especially if those thoughts come to fruition.

The Best Social Media Policy on Self Risk Management

1.) Don’t do, say or type anything stupid.

2.) If you rely on privacy settings for your protection you are stupid.

3.) If you think, “I shouldn’t”… you shouldn’t.

4.) When in doubt consider, “What is the worst thing that could happen.” then multiply.

5.) Always be guided by, “What could possibly go wrong?”

The 1st will only protect you so far…be it fair or not. We don’t stand for hate speech to be protected, maybe it’s time to consider stupid speech to be not protected as well.

About Tim Burrows

Tim Burrows was a sworn police officer for 25 years with experience in front line operations, primary response, traffic, detective operations and supervision. He has training in a broad spectrum of policing responsibilities including, IMS, Emergency Management, computer assisted technology investigations, leadership, community policing and crisis communications. Tim is available to assist you with your social media program and communication. Click here to contact him http://bit.ly/ContactTimBurrows
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4 Responses to Does the 1st Amendment Cover This?

  1. Mike van Mil says:

    Reblogged this on Paramedic Mike and commented:
    Great rules to live by! Even if you don’t use the example given these rules should apply to all you SM posts. not only to protect your job but you own reputation and integrity. Be careful what you post and follow these simple rules to maintain your credibility!

  2. Gunther says:

    Some police websites have filters where you are not allowed to leave your comments and opinions on the websites because the site owners and the cops themselves thinks that you are anti-cop. It tells me that the cops have isolated themselves from the rest of American society even in cyberspace.

    In addition, those same websites have cops making comments that show their contempt for the American public, the US Constitution, and the Bill of Rights.

    • Tim Burrows says:

      Thanks for the comment Gunther.
      Most of the front line police and more open-minded officers are way more welcoming of comments / conversation than some of the “old guard”. Most sites have been established by people that are very risk adverse.
      I haven’t seen a lot of sites where cops will show contempt for the public, the Constitution or the Bill of Rights. Some may question segments or parts, but most will defend all of those to the end.
      Police don’t necessarily agree with the laws, but will enforce those laws as they are required to by law.

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