Revised Online Speech Policy Ending Suit Against New Orleans

May 9, 2022

A federal lawsuit accusing the New Orleans city government of infringing on employees’ online free speech rights has been settled after the city revised its policy, according to court records.

The Tulane University Law School’s First Amendment Law Clinic filed the suit last year on behalf of two employees of the city’s library system.

The suit challenged the policy’s prohibition on language deemed vulgar or offensive and a requirement that employees not “engage or respond to negative or disparaging posts about city departments, employees or policies.”

A motion by both sides to dismiss the suit was filed in federal court in New Orleans last week.

In a news release, the law clinic said the revised policy, outlined in an April 29 memo, governs speech connected to an employee’s professional duties. “City employees no longer risk termination for engaging in constitutionally protected activities and can speak freely on digital platforms in their private time,” the clinic news release said.

The plaintiffs in the lawsuit were Andrew Okun and Erin Wilson, both of whom had a strong online presence, according to the lawsuit.

“Changing the policy was our only goal, and it is rewarding to know that our efforts will preserve our First Amendment rights, as well as those of our colleagues,” Okun said in the news release.

Topics Lawsuits

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