The explosion of social media, which allows people to project themselves across the country and around the globe, has greatly intensified the tension between the right of those working for the government to speak freely in their private lives and the right of public agencies to regulate employee speech that affects agency functioning. In this age of Facebook and Twitter, the considerable First Amendment difficulties previously presented by public employees posting signs on their lawns or writing to the local newspaper now seem positively quaint.

Last week, the New York City Police Department issued its first policy formally governing the use of social media by its officers. This comes on the heels of the March 18 resignation from the New York City Fire Department of the commissioner’s son for a series of racially inflammatory Twitter posts. The issuance of the NYPD’s new policy warrants an examination of the implications of social media on public employees’ free speech rights, which ironically may be greatly diminished by the power of social media to amplify speech.

Holmes, Melville, Honoraria

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