Resource: Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim sufficient to survive a motion to dismiss. The court avoided commenting on the merits of the officers’ case. But it described the “offensive, racist, and violent” posts as “social media’s more antisocial viewpoints” and validated Philadelphia’s interest in “protecting a perception that police exist to serve the entire community.” Ultimately, however, the appellate court reversed and remanded the case for factual development. The district court needed to develop a factual record to weigh the First Amendment value of the posts against the government’s interests.