Fifth Circuit says Sheriff's Office Facebook page is a public forum

Monday, the Fifth Circuit Court of Appeals ruled that a lawsuit challenging the Hunt County Sheriff's policy of allowing only "positive" comments on its Facebook page stated a claim for a violation of the poster's First Amendment rights, and remanded the case for further proceedings.

Deanna Robinson sued Hunt County, Sheriff Randy Meeks, three employees of the Sheriff's Department, and "John Does 1-10." The trial court dismissed the suit for failing to state a claim. Robinson appealed.

The Fifth Circuit ruled that the Facebook page was a public forum, despite the disclaimer on the page that "this is NOT a public forum." Robinson had posted a critical email about the policy, stating that "degrading or insulting police officer is not illegal," and is "protected First Amendment speech." Robinson also posted "highly offensive" remarks about the sheriff's office and a deceased police officer.

The case was remanded for further consideration of whether Robinson was entitled to a preliminary injunction, and for further consideration of her claims for damages and a declaratory judgment.