When a Public Forum Exists in the Palms of Your Hands: First Amendment and Social Media for Local Governments
Exercise of free speech in public places is so inherent and important to our democracy that the first Congress of the United States enshrined freedom of speech amongst the Bill of Rights in the First Amendment to the Constitution. As Frederick Douglass noted, “No right was deemed by the fathers of the Government more sacred than the right of speech. It was in their eyes, as in the eyes of all thoughtful men, the great moral renovator of society and government.” With the evolution of technology and the rise of social media, free speech issues have extended from parks, public buildings, and town squares directly into the hands of constituents through Facebook and other forms of social media available on electronic devices including phones, tablets, and computers. Social media and its utilization by governments and constituents is not a new phenomenon, but the highly publicized litigation surrounding former President Donald Trump’s use of Twitter, and the two cases for which oral arguments were presented to the United States Supreme Court in October 2023, have brought the issue to the forefront.
Ottawa County Circuit Court Judge Granted a Preliminary Injunction Order Against Park Township’s Ban on Short-Term Rental
On December 1, 2023, Judge Jon Hulsing of the Ottawa County Circuit Court granted a preliminary injunction order which temporarily enjoined Park Township from enforcing its ban on short-term rentals.
