February 11, 2019
Transmitted via USPS and electronic mail
118 W. Adams Street #510
Jacksonville, Florida 32202
(904) 353-8097 (Direct)
jmidyette@aclufl.org
Jimmy Midyette
Staff Attorney
The Honorable David Morgan
Sheriff of Escambia County
1700 West Leonard Street
Pensacola, Florida 32501
Re: Elected Sheriff Blocking Constituents on Social Media Platforms
Dear Sheriff Morgan,
The American Civil Liberties Union of Florida writes to express serious
concerns regarding the decision of Sheriff Morgan and/or his administrative staff
to block certain people from official social media channels (Facebook, Twitter,
etc.) used by the Escambia County Sheriff’s Office (ECSO) in their interactions
with the public. This conduct violates the Constitutions of the United States and
of the State of Florida. We ask Sheriff Morgan to reinstate access to ECSO social
media platforms to all everyone without delay.
Several federal courts have issued opinions on this question. These courts
found that when public officials, such as Sheriff Morgan, and offices or
departments of government, such as ECSO, operate a social media presence, they
cannot engage in viewpoint discrimination by deleting critical comments or
banning followers or posters from accessing and interacting with the page.
The U.S. Court of Appeals for the Fourth Circuit Court of Appeals is the
most recent federal appellate court to speak to the issues implicated by
government officials that block or ban constituents from social media. That case
concerned a constituent who was banned from the Facebook page of the chair of a
local board of supervisors because he had posted about alleged municipal
corruption. The trial court noted that “[i]f the Supreme Court’s First Amendment
jurisprudence makes anything clear, it is that speech may not be disfavored by the
government simply because it offends.” Davison v. Loudoun Cty. Bd. of
Supervisors, 267 F. Supp. 3d 702, 717 (E.D. Va. 2017), aff’d sub nom. Davison v.
Randall, --- F.3d ----, No. 17-2002, 2019 WL 114012 (4th Cir. Jan. 7, 2019), as
amended (Jan. 9, 2019). In its opinion affirming that judgment, the Fourth Circuit
held that the decision to ban the constituent “because of his allegation of
governmental corruption constitutes black-letter viewpoint discrimination.”
Davison, 2019 WL 114012, at *12.
Closer to home, the U.S. District Court for the Northern District of Florida
ruled on this question last year in Jordan v. Bell, No. 4:17-cv-473- (N.D. Fla.). In
that case, the Clerk of Court for Washington County, Florida, maintained a
Facebook page in which she interacted with the public. She allowed supportive
posts to remain on the Facebook page while she deleted unfavorable posts and
blocked those making such posts. Judge Hinkle ruled that these actions by the
Clerk violated the constitutional rights of the constituent.
 The case from Washington County appears to have made an impression on
Alison Rogers, Esq., the county attorney, as she noted in an email to Escambia
County Commissioners dated September 10, 2018, that “there is enough
precedent that I urge any elected official who is blocking participants from
social media postings based on viewpoint, should not do so.” (Emphasis added.)

Accordingly, we request the following actions of the Escambia County

Sheriff’s Office: (1) Immediately unblock, un-ban, and otherwise permit Ms.
Jimmie Staley, and other blocked persons, access to social media platforms used
by ECSO; and (2) Release written guidelines to all ESCO staff, and other County
staff as necessary, reinforcing the need to respect the constitutional rights of all
residents and visitors to Escambia County.

We request a formal response informing us of the specific actions you

intend to take by Friday, February 15, 2019. Thank you for your prompt attention
to this matter. Please do not hesitate to contact us if you have any questions
regarding this letter.

Sincerely,

Jimmy Midyette
Attorney-at-Law

CC: Jimmie Staley

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