The Enemy from Within: How Social Media Can Damage a Police Agency

The enemy from within our ranks is once again creating turmoil for our profession. I am reading news headlines where police officers are posting comments on social media, posting photographs, and once again we are shooting ourselves in the foot. We are at times our own worst enemy. Why we continue to give those who already hate us more ammunition is beyond me at times.

Many years ago, when the introduction of camera phones first came out, I stopped and wondered how much of a detriment this would be to our profession. It did not take long at all for bad things to occur, and sadly they are still occurring. Through the years, there have been numerous stories that in some cases, unfortunately, have generated lawsuits and the loss of jobs over reckless sharing of media or social media comments. There have been instances where law enforcement officers have leaked out crime scene photos. Why? What is the basis for this irresponsible behavior? These careless actions have jeopardized investigations and created a stain upon all our names. Remember, if one cop does something, we all are painted with the same brush. I cannot fathom the shock of horrified, grieving families seeing their loved one’s demise shared as a public spectacle for all to see. Several years ago, there was one situation of a small group of volunteer firefighters who were filming their response to calls and sharing it on the internet. Their leadership was unaware of their activities. My agency was requested to assist in the investigation of an auto accident with severe trauma victims’ photos that were shared publicly. First, anybody who would relish in the carnage and horrific wounds of victims who we are supposed to assist is reprehensible. Some of the commentaries on social media were horrified and had shocked the conscious of many. Furthermore, it placed these young volunteers and their fire company in violation of HIPPA privacy laws (Health Insurance Portability and Accountability Act) which was a great foundation for a lawsuit. The impact was far-reaching. A volunteer fire company that relies on public financial support has now lost immense credibility within the community. Immediately, there were cries for correction, which were addressed. At that time, there were no filming or social media policies per se within their (and most similar agencies) regulations. There also had to be training to explain to all staff that these actions can no longer exist in today’s world.

Now, recently I have also read where some police officers had made some malicious remarks on social media from personal sites. I do not want to step in the way in front of anyone’s First Amendment rights (freedom of speech). However, for those of us who accept the burden of the shield, the star, or the badge — we often must bite our tongues and give up some of our rights.

Good examples were the social media postings of risqué photos with cops in compromising situations. As I told one young officer once, if you cannot explain this to your spouse, your mother or your priest, then do not do this. You can explain it to internal affairs and your lawyer, for they are paid to listen to your predicament.

Read up and educate yourself on this topic. There are several state and federal court decisions on this subject. I suggest you acquaint yourself with your departmental policy and guidelines as well. I strongly recommend that your bargaining unit, union or police organization perform internal training or produce recommendations or guidelines to protect its membership. They do not want to spend their legal war chest of reserve funds on your stupid actions.

One which is always referenced is the “PickeringConnick test,” a legal standard used to determine whether a public employee’s speech is protected under the First Amendment’s free speech clause. The test takes its name from two public-employee free-speech decisions from the U.S. Supreme Court: Pickering v. Board of Education (1968) and Connick v. Myers (1983). The test involves a two-pronged analysis. First, the employee’s speech must concern a matter of “public concern” rather than a “personal grievance.” Second, the employee’s free speech interest must outweigh the employer’s interest in providing efficient public services.

To simplify this entire issue as I was taught years ago, “When in doubt, if it feels good to say it, then do not say it.”

I know that there are few of you who will want to test the waters and dabble in social media free speech, despite my warnings. Go ahead and enjoy the fight. What are the consequences? Maybe nobody will see them, and you are good. But, if your posts are seen and challenged, prepare your defense now. First, was what you said legal? Did you have a legal right to say this? Next, was your posting ethical and was it the ‘right thing to do’ for all concerned? Was it fair by being an appropriate, truthful statement — no fake news here. Can you defend all of your actions? Think before you post, and no late night drinking posting either.

What are the real-world impacts to you, from getting muddy with the department to loss of the job. So, if you are fired and seek another public service job, I assure you this problem will follow you like a bad memory. In other words, this is not a resume producer.

Here is where the old-fashioned peer-support and ‘buddy checks’ come into the light. You have a burning issue or topic that is gnawing at you. Have a round table over a pizza or card game. Air it out with trusted friends. Will it make you feel better about this, probably. No, there will not be a public notification to air out the grievances against whoever, but you are not in the boss’s office or worse. Keep your cool and keep your job.