Chief’s Counsel: Dealing with Haters and Trolls – Moderating Agency Social Media Sites and the First Amendment

Law enforcement agencies across the globe have discovered the value of establishing a social media presence as a means to enhance investigations, tap into a broader hiring pool, and improve public perception through positive interactions with community members on the platforms. In most instances, direct interaction is incredibly valuable; however, in others, it is less so. The trouble many agencies encounter is moderating their own social media pages, particularly when some users, colloquially known as “haters,” “trolls,” or “naysayers,” attack an agency or its personnel in an attempt to harass or otherwise negatively impact the public perception of the agency. So, what can an agency do about those attacks, if anything? Unsurprisingly, for U.S. agencies, that answer centers on the contours of the First Amendment.