AJ O'Laughlin, et al. v. Palm Beach County, No. 20-14676 (11th Cir. 2022)
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Under its Social Media Policy, Defendants, the Palm Beach County Fire Rescue Department, disciplined appellants, two firefighters who work for the department. The termination resulted from an exchange the appellants had on an invitation-only social medial page associated with one of Appellant’s campaigns for the presidency of the local firefighters’ union. Appellants accused Defendants of conspiring to misuse member-donated paid time off. The court reviewed the case by examining four factors developed from Pickering v. Board of Education, 391 U.S. 563 (1968), and Connick v. Myer, 461 U.S. 138 (1983). The court held that the district court (“DC”) erred in finding that Appellants’ speech did not address a matter of public concern at step one of the four-part test.
Further, the Eleventh Circuit affirmed the DC’s dismissal of Appellants’ free-association claim, finding that it is a free speech claim at its core. Finally, the court found that the Social Media Policy in question suffers from “astonishing breadth,” as it expressly prohibits “disseminating content” that “could be reasonably interpreted as having an adverse effect upon Fire Rescue morale, discipline, operations, the safety of staff, or perception of the public.” The court vacated the DC’s summary judgment on the overbreadth claim and affirmed the DC’s decision rejecting Appellants’ facial-vagueness claim.
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