Work — Litigation

Bohanan v. Robinson – Clinic wins free speech protections against online censorship

November 1, 2020

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The University of Georgia School of Law’s First Amendment Clinic secured agreement against online censorship in a settlement with Douglas County Commissioner Kelly G. Robinson who blocked county resident Brenda Bohanan from his interactive Facebook page after she criticized his response to constituent concerns.

The settlement obtained in Bohanan v. Robinson, 1:20-cv-02641-JPB (N.D. Ga.) provides that, consistent with current First Amendment case law, Commissioner Robinson must maintain a clear separation between his private Facebook page which he uses to communicate with his friends and family and any Facebook page that he uses to communicate with the public in furtherance of his official role. The settlement further provides that the Commissioner will not block users based on their protected speech — or delete their comments, or otherwise limit their ability to use the interactive features — on any Facebook page the Commissioner uses to communicate with the public in his capacity as a public official.

The settlement, which includes injunctive relief for plaintiff Brenda Bohanan and other Facebook users, as well as damages and attorneys’ fees, was finalized after the Clinic and co-counsel Gerry Weber filed a brief opposing the Commissioner’s motion to dismiss the First Amended Complaint.

The lawsuit and settlement, reported on by the Douglas County Sentinel and Fox 5 Atlanta, put Georgia public officials on notice that when they operate interactive social media accounts in their official capacity, the First Amendment does not permit them to block or censor a user’s speech based on dislike or disagreement with the viewpoints the user expresses.

Clinic students Mark Bailey (2L), Anish Patel (3L), Davis Wright (2L), and Clinic Fellow Samantha Hamilton helped litigate the case under the supervision of Clinic Director Clare R. Norins. 2020 UGA Law graduate Erin McGonigle also assisted with the initial filing of the complaint.

If you have been blocked from a government entity or public official’s social media account that is otherwise open for public view and comment, please contact the First Amendment Clinic for consultation.

Further Press Articles
AllOnGeorgia.com article – July 14, 2020
AllOnGeorgia.com article – August 13, 2020

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Social Media Blocking

The First Amendment protects speech on social media platforms that have been designated as public forums by government officials or agencies. Government officials cannot block individuals from accessing their social media pages simply because the government dislikes or disagrees with their speech. Read more about our work protecting citizen speech here.

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