Deerfield Beach Social Media Policy On Mayor Ganz’s Facebook Page Violates Constitution

Deerfield-News.com-DeerfieldBeach, Fl-Just a couple of weeks ago I posted on Mayors Facebook and he responded. I was surprised as previously it seemed I was deleted or blocked. That said I tried again recently and my post did not get posted. Seems the Mayor has gone back to not allowing posts to post immediately.

Deerfield-News.com has posted that Deerfield Beach is violating it’s residents Constitutional Rights if they do not allow residents to post on social media. The Mayor and or any official have no constitutional rights to censor who and what is posted on his Facebook page, contrary to Deerfield Beaches Social Media Policy which is posted here below. The city would be wise and prudent to have Mr. Maurodis read the case below and amend the cities “Social Media Policy” to comply with the law.

 Deerfield Beach is blatantly violating its residents Constitutional Rights if they do not allow residents to post on social media unblocked and uncensored. The Mayor and or any official has no rights to censor who and what is posted on his Facebook page, contrary to Deerfield Beaches Social Media Policy which is posted here below.

City of Deerfield Beach Social Media Policy
This Social Media Policy (“Policy”) establishes guidelines for City of Deerfield Beach (“City”) maintained social media sites, pages and posts on social media networks, including but not limited to Facebook, Instagram, Twitter and YouTube. The primary goals of the City’s use of social media are to increase public awareness of the City’s programs, policies and services and to maintain open, professional and responsive communications with members of the public regarding the City. The City recognizes and appreciates the rights of all members of our online community to free speech and freedom of expression. This page and all comments posted are regularly monitored by administrators. While comments will not be edited by City personnel, a comment may not be published or may be deleted if it violates this Policy. The City reserves the right to take other actions in order to ensure compliance with this Policy. Comments should be related to the posted topic for the social media page or post. City-administered social media accounts are not meant for comments that do not directly relate to the purpose or topic of the social media website, page or post. This social media page is intended to be used for informational purposes only. If a user wishes to contact the City Commission or Administration or to request City services, the user should visit the City’s official website: http://www.deerfield-beach.com/. By participating on this page, users agree to the terms of this Policy and to only post content that is consistent with this Policy and related to the posting, discussion or forum topic. The following is prohibited on all City maintained social media pages:  The use of obscene, crude, defamatory, threatening, sexually indecent or harassing language.  Personal attacks of any kind or offensive comments that advocate unlawful discrimination on the basis of race, creed, color, national origin, age, religion, gender, sexual orientation, marital status, physical or mental disability.  Comments or content advocating for, or depicting, illegal activity.  Personally identifiable information such as social security numbers and dates of birth.  Material of a sexually indecent nature; commercial solicitations unless on behalf of the City.  Statements that endanger public health, safety and security or statements that encourage, provide advice for or solicit the commission of a criminal act.  Content that violates intellectual property or copyright laws or posting of material that violates copyrights or trademarks of others.  Promotion or advertisement of a business or commercial transaction. City maintained social media sites and pages are a public forum. Any content posted is subject to public records retention and disclosure pursuant to Florida law. Opinions expressed by visitors to this page do not necessarily reflect the opinions of the City, nor the opinions of any of the City’s elected officials or employees. Users are subject to the host site’s Terms of Use. Any user in violation of the applicable Terms of Use will be reported. For more information, consult the host website’s Terms of Use directly. This Policy is subject to amendment or modification by the City at any time.
Deerfield Beach is at peril to its citizens for a Constitutional Challenge, of course in a city that likes to be sued I guess this is the standard operating procedure. When the government wants to use the media to get its point out it must expect citizens to have differing or even the same opinions and allow those points to be heard unfettered. Below is a recent Federal Court case demonstrating the point we have raised on multiple occasions, citizens points of view cannot be censored if government officials including the President want to use Social Media.

 

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
—————————————-X
KNIGHT FIRST AMENDMENT INSTITUTE AT
COLUMBIA UNIVERSITY, REBECCA BUCKWALTER,
PHILIP COHEN, HOLLY FIGUEROA, EUGENE GU,
BRANDON NEELY, JOSEPH PAPP, and
NICHOLAS PAPPAS,
Plaintiffs,

– against –
DONALD J. TRUMP, HOPE HICKS, SARAH
HUCKABEE SANDERS, and DANIEL SCAVINO,
Defendants.
—————————————-X
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE
MEMORANDUM AND ORDER
17 Civ. 5205 (NRB)
This case requires us to consider whether a public official
may, consistent with the First Amendment, “block” a person from
his Twitter account in response to the political views that person
has expressed, and whether the analysis differs because that public
official is the President of the United States. The answer to
both questions is no.
Our analysis proceeds as follows…………………………….

V. Conclusion
We conclude that we have jurisdiction to entertain this
dispute. Plaintiffs have established legal injuries that are
traceable to the conduct of the President and Daniel Scavino and,
despite defendants’ suggestions to the contrary, their injuries
are redressable by a favorable judicial declaration. Plaintiffs
lack standing, however, to sue Sarah Huckabee Sanders, who is
dismissed as a defendant. Hope Hicks is also dismissed as a
defendant, in light of her resignation as White House
Communications Director.
Turning to the merits of plaintiffs’ First Amendment claim,
we hold that the speech in which they seek to engage is protected
by the First Amendment and that the President and Scavino exert

governmental control over certain aspects of the @realDonaldTrump
account, including the interactive space of the tweets sent from
the account. That i~teractive space is susceptible to analysis
under the Supreme Court’s forum doctrines, and is properly
characterized as a designated public forum. The viewpoint-based
exclusion of the individual plaintiffs from that designated public
forum 1s proscribed by the First Amendment and cannot be justified
by the President’s personal First Amendment interests.
In sum, defendants’ motion for summary judgment is granted in
part and denied 1n part, and plaintiffs’ cross-motion for summary
judgment is granted in part and denied in part. The Clerk of the
Court is directed to terminate the motions pending at docketentries 34 and 42.
SO ORDERED.
Dated: New York, New York
May 23, 2018
75
NAOMI L<22″~

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