The Perils of Posting: Court Cases on Off-Duty Social Media Conduct of Public Employees

by Paul Douglas Foote, James R. Harrington, John McCaskill Jr.

Overview

In recent years, there has been an increase of public employees being fired for inappropriate behavior on social media. This research explores social media conduct of public employees that have been adjudicated through the federal and state court systems. The arguments of these cases are based upon the question of an employee’s first amendment rights versus the rights of the employer to maintain a desired work environment. The research found that widespread negative publicity, disruption of close working relationships, inappropriate and offensive employees comments led to favorable outcomes for the public employers. In contrast, when an employee posts on social media while off-duty as a private citizen, the employer has not cited any disruption and the comments are not personal attacks against employers but have substantial public concerns led to positive outcomes for the public employee.

Product Details

ISBN-13:	9781498588928
Publisher:	Lexington Books
Publication date:	11/21/2019
Pages:	126
Product dimensions:	6.26(w) x 9.23(h) x 0.61(d)

About the Author

Paul Douglas Foote is associate professor of political science at Murray State University.

James R. Harrington is associate professor of public and nonprofit management at the University of Texas at Dallas.

John McCaskill Jr. is clinical professor of public and nonprofit management at the University of Texas at Dallas.

Table of Contents

Chapter 1: Free Speech versus Order and Discipline

Chapter 2: Enter Social Media

Chapter 3: Case Studies on Paramilitary Job Action

Chapter 4: Case Studies on Education Job Action

Chapter 5: Case Studies on Civil Service Job Action

Chapter 6: Data on Social Media Cases and Empirical Analysis

Chapter 7: Human Resource Strategies

Chapter 8: Conclusion

Editorial Reviews

The use of social media by the public has exploded in recent years, calling into question issues of free speech and its possible limits. This important and timely contribution examines the rights of public sector employees and the responsibilities of public organizations to the public within the context of social media and their rights and responsibilities. Using case studies and major court cases, the authors shed important new light on this timely issue. Scholars concerned with public sector personnel policies and public sector professionals will find this volume to be an invaluable contribution.

Elliot Euel

More than ever before, individuals share their thoughts and opinions on social media outlets. The widespread use of online communication represents a need for evaluating modern conceptions of the First Amendment’s Freedom of Speech provision. Analyzing actual disputes involving public employees, the authors rigorously examine the applicability of the Pickering standard in light of changing notions regarding the delicate balance between public interest and governmental rights. Their results provide valuable insights into the limitations of online speech. In our increasingly digital society, this topic will continue to be of great significance.

Austin Trantham

Social media has dramatically changed the way that people communicate, socialize, and inform themselves. The new opportunities for interaction have come with new opportunities to provoke, misinform, and alienate those around them. Government employees are particularly challenged because what they post and tweet has repercussions not only for themselves and their chosen networks of friends, but also implications for the public workplaces in which they are employed and the publics that they serve. Foote, Harrington, and McCaskill have taken on the legal, ethical, and managerial implications of public employee expression in cyber-space. Their book will be a source used by scholars and practitioners who are grappling with these somewhat new, but often timeless issues of tradeoffs between liberties and the organizational and political imperatives of public administration.

James C. Clinger

This book should be required reading for every public employee and manager. Free speech and social media are timely topics that warrant the attention of scholars, human resource managers, and those working in the public sector. The authors present a compelling outline of the First Amendment in the age of social media. This must-read book simplifies legal terms and public policy, turning cases into teachable moments. Before accidentally “going viral,” think deeply about the content provided in this invaluable resource.

Sarah Maxwell

More than ever before, individuals share their thoughts and opinions on social media outlets. The widespread use of online communication represents a need for evaluating modern conceptions of the First Amendment's Freedom of Speech provision. Analyzing actual disputes involving public employees, the authors rigorously examine the applicability of the Pickering standard in light of changing notions regarding the delicate balance between public interest and governmental rights. Their results provide valuable insights into the limitations of online speech. In our increasingly digital society, this topic will continue to be of great significance.

Social media has dramatically changed the way that people communicate, socialize, and inform themselves. The new opportunities for interaction have come with new opportunities to provoke, misinform, and alienate those around them. Government employees are particularly challenged because what they post and tweet has repercussions not only for themselves and their chosen networks of friends, but also implications for the public workplaces in which they are employed and the publics that they serve. Foote, Harrington, and McCaskill have taken on the legal, ethical, and managerial implications of public employee expression in cyber-space. Their book will be a source used by scholars and practitioners who are grappling with these somewhat new, but often timeless issues of tradeoffs between liberties and the organizational and political imperatives of public administration.

The use of social media by the public has exploded in recent years, calling into question issues of free speech and its possible limits. This important and timely contribution examines the rights of public sector employees and the responsibilities of public organizations to the public within the context of social media and their rights and responsibilities. Using case studies and major court cases, the authors shed important new light on this timely issue. Scholars concerned with public sector personnel policies and public sector professionals will find this volume to be an invaluable contribution.

This book should be required reading for every public employee and manager. Free speech and social media are timely topics that warrant the attention of scholars, human resource managers, and those working in the public sector. The authors present a compelling outline of the First Amendment in the age of social media. This must-read book simplifies legal terms and public policy, turning cases into teachable moments. Before accidentally "going viral," think deeply about the content provided in this invaluable resource.

From the Publisher