A dozen Philadelphia police officers who were fired or suspended for racist and violent social media posts can pursue a lawsuit against the city claiming their First Amendment rights were violated.
FILE - The Facebook logo is seen on a cell phone, Friday, Oct. 14, 2022, in Boston. A Delaware judge on Wednesday, May 10, 2023, refused to dismiss a shareholder lawsuit alleging that Facebook officers and directors violated both the law and their fiduciary duties in failing for years to protect the privacy of user data.
A federal judge dismissed the suit last year, agreeing with the city's argument that the officers' posts had undermined public trust in the department and violated the city's social media policy. In a ruling Thursday, the 3rd U.S. Circuit Court of Appeals said it agreed the content was “offensive, racist and violent,” adding it does not “condone the officers’ use of social media to mock, disparage, and threaten the very communities they were sworn to protect.”
But the court said Tucker's decision to throw out the case was premature, given what it said was a lack of clarity over the provenance of some of the posts, which posts were the subject of discipline by the police department, and the “unadorned speculation” about the posts’ impact.
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