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Nov-Dec 2023

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Minnesota Cities magazine is published bimonthly by the League of Minnesota Cities.

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(651) 215-4032
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When is it OK to remove a social media comment?

Relevant First Amendment case law permits government social media pages from hiding or deleting certain comments. Always consult with your city attorney before taking any action to remove comments on social media.

Comments that may be removed, include:

Comments directly advocating violence or illegal activity.
Comments containing obscenity, which is defined as sexually explicit and/ or pornographic content that is patently offensive, appeals to prurient interest, and lacks serious literary, artistic, political, or scientific value.
Comments that directly promote or advocate that the city illegally discriminate based on race, age, religion, gender, national origin, disability, sexual orientation, veteran status, or any other legally protected class.
Comments containing links to malware and/or malicious content that affects the normal functioning of a computer system, server, or browser.
Duplicate comments posted repeatedly within a short period of time.
Comments containing actual defamation against a person, either as determined by a court or comments that are patently defamatory by easily discovered facts.
Comments that contain images or other content that violate the intellectual property or copyright rights of someone else, if the owner of that property notifies the city that the property was posted in a comment on the city’s social media account(s).
Comments that contain a hyperlink to any website other than those controlled by your city. This must be done without regard to the viewpoint of the comment containing such a link or the content of the site to which the link redirects.

This information is based on best practices, but before deleting a comment you should consult with your city attorney. Records of deleted comments should be retained according to the city’s record retention schedule to document the action taken and reasons justifying the decision.

This is a reference only and does not constitute legal advice.

Back to the Nov-Dec 2023 issue

Read the Comments, but With Care and a Plan

By Ben Hayle

“Do these city leaders have any clue what they are doing?”
“This mayor is an idiot!”
“I can’t stand the police department!”
“Why are they letting those people in my neighborhood!”

Every government social media page has experienced these types of comments and often much worse, leaving those who manage social media to determine when to engage and when to ignore.

These types of remarks also generate questions from elected officials and city staff asking why the comments can’t just be deleted. The answer to that question is quite simple: The First Amendment protects this type of speech on our government social media pages.

First Amendment protections

No matter how well your city’s social media policy is written, it will never supersede the First Amendment. In most cases, removing comments limits the user’s First Amendment right to have their opinion viewed. Even hate speech has been deemed protected speech in a unanimous opinion from the U.S. Supreme Court.

A way to engage

It is important to remember that social media pages are not your website or newsletter. Social media is designed to be a place for conversation. Engaging with your community on social media is key to building trust and growing your audience. Everyone who manages social media will at some point wish they could just ignore the comments and move on to the next task, but by engaging on social media you will build a platform that is relevant and trusted.

Tips for success on social media

Ensuring your social media pages are informative, engaging, respectful, and legally compliant can be tricky. However, here are some tactics that will help you achieve success:

Develop a social media policy. It’s critical to have a well thought-out policy that details how your organization will conduct business on social media. This policy should be reviewed by your city attorney. It’s also a good idea to have your attorney consult with another attorney who specializes in this area.

Participate in ongoing training. Anyone who has access to your social media pages should receive government social media training each year. There are several good resources for training. In Minnesota, both the League of Minnesota Cities and the Minnesota Association of Government Communicators are good options. The Government Social Media association provides professional development opportunities, and hosts an annual conference solely focused on government social media topics and trends.

Be innovative. Do not be afraid to try something new and different on social media. You should be able to have some fun on the various platforms, even if you work in government. Have your police officers help you recreate the latest TikTok trend, or go on a ride along in a snowplow during the next snow storm and share updates.

Social media has changed the way that we communicate, and it continues to evolve all the time. This powerful tool can be a great resource, a chance for real two-way engagement, and a place to make your community shine. Being responsible for a city’s social media is not an easy role, but with the right training and support you can use it for the betterment of your city.

Ben Hayle is the communications manager for the City of Blaine.