ACLU sues Kentucky governor for blocking citizen responses to his social media posts

Published 6:36 pm Monday, July 31, 2017

FRANKFORT, Ky. – The American Civil Liberties Union of Kentucky has filed a federal lawsuit to prevent Gov. Matt Bevins from blocking citizen comments on his Facebook and Twitter accounts.

The suit announced Monday contends the governor is violating the First Amendment right to free speech of individuals to respond to his social media statements. It seeks an immediate unblocking order.

The legal action was filed on behalf of Mary Hagis of Morehead and Drew Morgan of Louisville, but stated they are only two of more than 600 people who have been prevented from commenting on the governor’s postings.

Amanda Stamper, a spokeswoman for Bevin, said the governor only blocks “obscene and abusive language or images, or repeated off-topic comments and spam.”

She said the practice is legal and permitted under the Facebook and Twitter terms of agreement.

Hargis, who describes herself as a social activist, said she’s been upset with the governor’s position on social justice issues, responding as a concerned citizen to his postings.

“I was shocked when I discovered that I was blocked from further commenting,” she said.

A press release from the ACLU of Kentucky said neither Hargis nor Morgan have posted comments that would be considered obscene, abusive or defamatory.

William Sharp, the ACLU’s legal director, said the governor‘s Facebook and Twitter sites amount to a public forum and Bevin cannot prevent citizens from responding to his postings.

Bevin frequently criticizes press coverage of him, routinely advising the public to get their unfiltered information about his administration from his social media sites.

Two other governors – Paul LePage of Maine and Larry Hogan of Maryland – have received warning letters from the ACLU of possible legal action if they continue to block citizens on social media.

Ronnie Ellis the CNHI state reporter in Kentucky. Contact him at rellis@cnhi.com.