The Alaska Legislature’s Legislative Council, which meets on administrative matters when the body as a whole is not in session, will take up on Dec. 12 what looks like a final draft of a social media policy guide for legislators.
Some legislators have run into legal troubles when constituents sued them for banning them from commenting or removing their comments from the legislators’ official page, where they are presented as government officials. The First Amendment to the U.S. Constitution addresses the government censoring citizens, and social media has become one of the latest battlegrounds.
One nonconstituent, Mark Kelsey, represented by the Northern Justice Project, sued Rep. Kevin McCabe for blocking him, and won in court earlier this year; that case, however, is still under review, due to a recent Supreme Court ruling. Kelsey was harassing other commenters on a page that was operated by McCabe personally, not officially. Another Democrat sued former Sen. Lora Reinbold, who is still battling in court and is representing herself in the long-running case.
For years, Democrat Sen. Forrest Dunbar has blocked Must Read Alaska from his official government social media page on X. Recently, after this conservative publication pointed it out to legislative staff at the Legislative Affairs Agency, Dunbar, who is a lawyer, suddenly unblocked the publication. Must Read Alaska, unlike the Democrats, has never sued Dunbar over what the court has determined in the McCabe case is an illegal action.
The new policy that will be considered next week says that if legislators allow comments on their official social media accounts (ones that use their elected title and link to their official office), legislators shall not block, ban, or remove comments made by the public, because it is viewpoint discrimination. There are exceptions for obscene comments or posts.
Among the specifics in the draft policy:
“It is the policy of Legislative Council that a legislator assumes all risk and responsibility for legal defense of any action resulting from filtering, deleting, or hiding comments on a social media post related to legislative matters, or from blocking, banning, or otherwise restricting user access to a social media account used for legislative matters.”
The policy advises legislators clarify that their social media page is not an attempt to exercise the authority of the legislature by following these suggestions, which the courts may apply as tests to determine whether you’ve taken a “state action”:
- “Add a disclaimer to your social media account stating, “The views expressed on this page are strictly my own; I do not speak on behalf of the legislature”;
- “Refrain from having a legislative employee manage your account;
- “Do not share official information and, if sharing official information, do not invoke the authority of the legislature when sharing the information; and
- “Share only information that is available elsewhere and, if possible, include a link to where that information is available; do not use the account to make legislative announcements unavailable elsewhere.”
The policy advises legislators that they simply do not allow comments or other interactions with the public on posts, or on the account itself. If no one is allowed to comment on the official page, there can be no conflicts over discrimination against viewpoints, the legislative attorney said in her draft.
“If you disable the public’s ability to post or comment on your social media platform, either by account or by post, there will be no public forum and no risk of violating someone’s rights under the First Amendment,” the policy advises.
“If you choose to open your account to comments or other public interaction, do not filter, delete, or hide comments and do not block or ban any person from access to the account.”
Such activities around the country by lawmakers at every level of government have been an evolving portion of law, but in March, the Supreme Court ruled that officials just can’t block or ban people from official social media accounts that they use as personal pages, but where they discuss official actions of the government.
Read the entire draft policy here:
This guy is a clown that wears Clown Shoes!
I don’t understand how he went from the Communist Assembly to the Legislature…
Anchorage Residents really need to see what is going on in the rest of the Country and act accordingly.
I think a lot of people in his Assembly district voted for his senate run just to get him out of the Assembly. Spread the pain around, and you will not feel it quite as sharply.
Dumb Anchorage voters put him on the assembly and then the legislature. Anyone with more than one brain cell knows Dunbar is a commie rat.
His district loves him. And I mean LOVES HIM! They didn’t vote him “out” of the assembly. He finished his second term. He was rewarded with a new job in the legislature. He started his career in politics. He is a member of the Alaska “Royal Family” aka the permanent political class in this state. He will always be there. And the aging roads who elected him the firsts time will keep him here. Forever. Get used to it. Might as well start calling him “Govnah.” Like it or not, that’s where he aims. And he’ll get there too. Thanks to the old fogies and retirees in Anchorage
There was only one libertarian running against him and no other candidates so it was easy for him to win with RCV there was never a chance he would lose. Those facts were not covered well even by mustreadalaska. I didn’t know it until I voted.
If it is your official web presence, you cannot bar the public from it. It is paid for, and maintained using public dollars. Therefore, public and available to all.
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If he was barring people from his private sites, fine. I fully support that. Not the public one.
Dunbar lord have mercy
Districts who vote people like Dunbar into office should have all local city services cut off at their homes. Let them go without services since they want to share their commie representatives with us all. No water or sewer or trash haul away for couple of months should change their voting habits.
This goes for all the loonies on the ANC Assembly. Cut off their local services and tighten up their little touches as well.
Get some sleep.
I voted for the only person on the ballot other than Dunbar
At least they didn’t elect him when he ran for mayor!
It’d be great if all you Dunbar haters tell us what he voted for or against that you disagree with or, a the very least, what his lineage is so we can connect some dots.