Chief’s Counsel: Life After Liverman: Continuing to Police Employee Speech on Social Media

Life after Liverman v. City of Petersburg is not as bleak as it seems. True, the purpose of Liverman was to provide a “shot across the bows” to public employers, warning that broad prior restraints in social media policies will not be tolerated. However, the “shock and awe” effects of the 2016 decision have been overreactions, in some instances, causing agencies to surrender entirely in the realm of policing their employees’ online speech. But, complete surrender is not the answer … there is life after Liverman.

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