The litigation also challenges the City of Morrow’s social media policies as allowing the City to exercise unfettered discretion in how it regulates users’ speech on its social media pages. By prohibiting “objectionable content” or “unsupported accusations,” the City grants itself unfettered discretion to censor speech it finds unflattering or otherwise disfavors. The First Amendment prohibits this kind of viewpoint-based discrimination in any government forum.
The action further asserts that the City of Morrow violated the Georgia Open Records Act by refusing to produce documents that fit squarely within the Act’s definition of “public record.”
Booterbaugh explains, “By bringing this action, my hope is to defend, not just me, but the rights of everyone who is effected by governmental overreach by the City of Morrow and to restore the people’s voice.”
The Clinic has affirmatively moved for partial summary judgment with respect to the social media policy challenge and Open Records Act violation, and opposes summary judgment for the City on all claims.
The following Clinic students and legal fellows have advanced the case under the supervision of Clinic director Clare Norins:
Spring 2024: Jessica Cooper, Jennifer Danker, Devon Hammock, Samaria Henry
Fall 2023: Jessica Cooper, Alex Cross, Eli Klenberg
Spring 2023: Jennifer Danker, Delaney Davis, Warren “Ren” Schmitt
Fall 2022: Aradhana Chandra
Legal fellows: Allyson Veile, Ashley Fox, and Lindsey Floyd
