Social Media Use and Public Entities

Many public entities use social media to reach their constituents. This can be a helpful medium to dispense information, but use of social media for special districts also involves certain complications.

We discuss potential ramifications for social media, including:

• Open Meetings: When do discussions on social media qualify as Open Meetings?

• Open Records: Do social media posts by public entities constitute Open Records?

• Public Forum/First Amendment Rights: Could blocking or removing a user violate their First Amendment rights?

Prior to establishing a social media presence, your special district may want to consider adopting its own social media policy. Setting a clear social media policy in place can help your district avoid some of the potential pitfalls.

This webinar provides an overview of some of the practical or legal issues, but please remember that this is not legal advice; as you make your plans, consult with your district’s general counsel on these issues.

About the presenter: Dianne Criswell is General Counsel for the Special Districts Association of Colorado and the CSD Pool. She has focused her career on government fiscal and legal work. Dianne has worked for Kelly PC and served as the Legislative Counsel at the Colorado Municipal League with a portfolio of issues, including sales and property tax, TABOR, municipal elections, Colorado Open Records Act, and the Colorado Governmental Immunity Act, advocating for municipalities with the Courts through amicus curiae briefs and with the Colorado General Assembly.