7 hours ago
First Amendment lawsuit claims R.I. school district blocked a critic from social media accounts
The lawsuit argues that this 'censorship' violates Mayer's First Amendment rights to speak, and to petition the government for redress of grievances.
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'Just as public officials may not preclude persons from participating in the public comment portion of a town hall meeting based on their viewpoints or arbitrarily deny members of the public access to the meeting, Superintendent Bartz cannot ban users from the @SmithfieldSuper X account page because she dislikes their opinions or require formal approval in order to allow them access,' the lawsuit states.
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Bartz issued a statement Monday, saying the school district was aware of the lawsuit but has not been served with the legal documents yet.
'We cannot comment on specifics of any pending litigation,' Bartz said. 'We take our responsibility to serve and communicate with our community seriously. Our district remains committed to maintaining open and respectful communication with all families and members of the Smithfield community.'
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The lawsuit says that both X accounts are used to announce and describe school district policies and office operations, share content produced for the town's schools, and communicate with constituents. The lawsuit argues that access to such official accounts cannot be limited based on the identity or viewpoint of those seeking access.
The suit asks the US District Court in Providence to declare the blocking of Mayer's access unconstitutional, and to issue an injunction prohibiting officials from banning anyone else 'on the basis of viewpoint.'
'I'm pursuing this case because I think it's the right thing to do,' Mayer said in a statement. 'The school district is doing the wrong thing by restricting access to their accounts. All of the public deserves access to their social media pages and the information they post.'
David Cass, and ACLU cooperating attorney, said, 'Access to a city or town's social media accounts for information and comment is crucial for citizens to engage in discourse with their representatives. Improper restrictions of social media accounts by cities and towns hinder open discourse and access for meaningful participation with our government and diminishes our democracy.'
Edward Fitzpatrick can be reached at