Of interest … social media posting costs battalion chief his job

FACEBOOK POST COSTS BATTALION CHIEF HIS JOB

From the website of Dan Herbert Law, here's a case that highlights the serious consequences of public social media posts by public employees. The Howard County Maryland Department of Fire and Rescue Services has a strict social media policy that prohibits staff from sharing content that could be seen as discriminatory, harassing, or defamatory, especially if it harms the department’s reputation or disrupts its operations.

In January 2013, Kevin Buker, a battalion chief with the department, was watching a gun control debate on TV when he posted a controversial comment on Facebook: “My aide had an outstanding idea…let’s all kill someone with a liberal…then maybe we can get them outlawed too! Think of the satisfaction of beating a liberal to death with another liberal.” This post was forwarded to another battalion chief, leading to an internal investigation.

The department asked Buker to review his post and remove any content that violated the social media policy. In response, he posted: “To prevent butthurt and comply with a directive from my supervisor, a recent post has been deleted. So has the complaining party. If I offend you, feel free to delete me…” He also claimed he wanted to keep debating online and wasn’t ashamed of his views. He further argued that local and federal governments were dominated by Democrats and that free speech only applied to liberals, stating he fought for First Amendment rights that were being eroded.

Following this, Buker was fired. He then filed a lawsuit claiming his First Amendment rights were violated. However, the Fourth Circuit Court of Appeals ruled against him, upholding his termination. The court found that the department had a legitimate interest in maintaining efficiency and preventing internal conflict. They concluded that Buker’s Facebook activity disrupted operations and created division within the department. His comments were seen as undermining his role as a leader, raising concerns about his ability to lead effectively.

This case serves as a strong reminder that even personal opinions shared online can have real-world consequences, especially for public officials who are expected to uphold professional standards.

Grutzmacher v. Buker, 2017 WL 1049473 (4th Cir. 2017)