WICHITA, Kansas — Is it okay to tell employees they can not facebook or use social media? Wichita firefighters are now under new restrictions.
KSN looked closely at the new policy regarding fire department information on the internet.
“It’s pretty clear that there is no first amendment right to goof off at work,” explains legal analyst Dan Monnat.
“Free speech rights of public employees are subject to very fact-intensive balancing tests,” continues Monnat. “It can be said that when the government acts as employer, the government has much broader discretion to impose limits on speech, particularly speech that might interfere with or affect the employment the government is engaging in.”
And one of the points the fire department makes with the new rules and regulations includes interference with job duties. The policy says employees will be prohibited from using the internet and social media in seven key areas.
“Members are prohibited from accessing social networking sites, internet dating sites, and sited that host weblogs while on duty that affects the efficiency and productivity of the Wichita Fire Department.”
Fire union officials have no official comment on the new restrictions, but say they have taken the issue to attorneys to check the language. One point of contention could be a segment of the policy that talks about no posting derogatory comments about the Wichita Fire Department.
“Members shall not post any material on the Internet that may adversely affect the efficiency or integrity of the Wichita Fire Department.”
Some firefighters say that could infringe on freedom of speech. And legal analysts say firefighters not being allowed to post their negative thoughts on the internet while not on duty could be an interesting legal arena to study.
“The great beauty of the United States Constitution is that it expands to accommodate, for instance, modern technology,” says Monnat. “It will expand to embrace all of the new issues which arise from social networking. It’s not, however, there yet.”
Republished with permission from KSN.