1454D6954DF0BE528725891700634CC8 Hearing Summary

PUBLIC
BILL SUMMARY For SOCIAL MEDIA GUIDELINES

JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date Dec 13, 2022
Location Old State Library

Social media guidelines - Committee Discussion Only


	11:05:13 AM	Ed DeCecco, Office of Legislative Legal Services, introduced the social media guidelines and asked if the committee would like to release a letter regarding the social media guidelines
	11:06:19 AM	Mr. DeCecco discussed the first amendment and how when a public official blocks a member of the public on social media it can result in a lawsuit
	11:11:09 AM	Mr. DeCecco walked through certain recommendations in the social media guidelines with the committee
	11:13:38 AM	Mr. DeCecco explained that the social media guidelines were given to new members during new member orientation but have not been given to current members yet
	11:14:55 AM	Mr. DeCecco detailed cases in which a first amendment social media issue has come up and how those cases have guided the Office in recommending social media guidelines
	11:24:16 AM	Senator Lee asked if the Colorado case took into account the fact that the congress woman was using a private account rather than a public one
	11:24:34 AM	Mr. DeCecco explained that, yes, it was a factor in the case and that since it was a private account it was not considered state action
	11:26:02 AM	Representative Weissman, chair, discussed one of the cases and asked Mr. DeCecco to expound on it
	11:26:55 AM	Mr. DeCecco explained that in that case the plaintiff failed to meet their burden of proof and the damages claim was dismissed
	11:27:56 AM	Mr. DeCecco outlined the takeaways from the cases and explained how courts might interpret certain cases regarding the use of campaign social media accounts versus other types of accounts
	11:29:32 AM	Mr. DeCecco explained that because the circuits are split at this point, the social media guidelines take that into account in their recommendations
	11:30:50 AM	Mr. DeCecco explained that the Office recommends sending out a letter advising members of the social media guidelines similar to the letter sent in a previous year
	11:32:36 AM	Representative Weissman, chair, expressed that any sort of litigation would be unwelcome and that caution is warranted when it comes to social media and expressed his being in favor of releasing the letter and suggested adding stronger language to the end of the letter explaining the consequences of not following the guidelines
	11:35:34 AM	Senator Buckner concurred with sending the letter to existing members so that they can have the reminder
	11:36:02 AM	Representative Snyder agreed with the chair in suggesting including some of the social media guidelines in the letter so that members can have a step-by-step guide on how to handle social media
	11:37:16 AM	Mr. DeCecco explained that the guidelines are more general because of all the different types of social media that exist
	11:38:34 AM	Mr. DeCecco asked if the committee would like the social media guidelines to be attached to the letter
	11:39:07 AM	Representative Snyder asked what determines whether a campaign account is actually a campaign account since legislators still campaign after becoming legislators for reelection
	11:39:52 AM	Mr. DeCecco stated that the recommended guideline is to not block anyone on a campaign account because it is difficult to prove what a campaign account is
	11:41:08 AM	Senator Buckner asked if the responsibility of following the guidelines would fall on a member and not their aide
	11:41:32 AM	Mr. DeCecco explained that the responsibility is on the member but that the social media guidelines are for aides as well so that they have the information and training on it too
	11:42:11 AM	Representative Weissman, chair, asked for Mr. DeCecco and the Office to update the letter, put the major points from the guidelines into the body of the letter, show the chair and vice chair the letter in draft form to finalize it, and then send it out to all legislators
	11:44:24 AM	The committee agreed with the chair

Social media guidelines - Committee Discussion Only

Colorado General Assembly