With two of its members facing lawsuits over their social media practices, the Alaska Legislature is considering new tips and policies to cover its 60 members.
On Thursday, the joint House-Senate Legislative Council unveiled its first draft of a new policy, but individual lawmakers voiced opposition to the proposal and further revisions are expected before a final policy is settled.
As explained by legislative staff, the draft policy is an “all or nothing” approach that advises lawmakers not to discuss legislative matters or business on their personal social media accounts.
If a lawmaker runs an official legislative social media account, the policy recommends that the lawmaker either block all public comments or allow all comments, regardless of their content.
“Regardless of whether what is written or commented is hateful, slanderous… the recommendation is not to delete, not to block, not to hide. All or nothing is the surest way to avoid the risk of litigation,” said Jessica Geary, director of the Legislative Affairs Agency, which provides administration support to lawmakers.
“I cannot support this as written,” said Senate Majority Leader Shelley Hughes, R-Palmer.
Hughes was among the lawmakers who said the policy as currently written could create a platform for adverse acts.
“I don’t want an X-rated Facebook page and I don’t want to enable criminal activity,” she said.
Thursday’s discussion came in response to a series of legal disputes between lawmakers and people blocked from their social media pages:
- In 2021, Sen. Rep. Lora Reinbold, R-Eagle River, was sued by a Chugiak resident who claims Reinbold violated her free speech rights when she was blocked from Reinbold’s Facebook page. That case is now in the hands of an Anchorage Superior Court judge, who has yet to issue a ruling.
- Rep. Rep. Kevin McCabe, R-Big Lake, was sued in June by Mark Kelsey, former publisher of the Mat-Su Valley Frontiersman newspaper, on similar grounds.
- Senate President Peter Micciche, R-Soldotna, was sued in 2021 by a constituent who was blocked from his Twitter account. She removed the case after he removed the block.
In general, lawmakers have said they should be able to block abusive commenters who discourage others from participating online.
“We don’t want to create a vacuum for hate, harassment or defamation,” Reinbold said during Thursday’s meeting.
Courts in different jurisdictions have ruled differently, with some saying that blocking constituents constitutes government restrictions on free speech. Alaska has no case law on this issue. The suit involving Reinbold is the first of its kind.
The Legislature’s existing social media policy hasn’t been updated since 2011, and Geary said the draft came after lawmakers consulted with national organizations, including the Council of State Governments and the National Conference of State Legislatures.
She said the draft is modeled after a similar document in Colorado.
In response to criticism, Rep. Sara Hannan, D-Juneau and chairwoman of the Legislative Council, said Thursday’s document is only a draft and could change significantly before final approval.
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