LINEVILLE PD - 1029 - SPEECH, EXPRESSION, & SOCIAL NETWORKING

LINEVILLE PD

GENERAL ORDERS LINCOLN POLICE DEPARTMENT

SUBJECT: PERSONNEL

TITLE: SPEECH, EXPRESSION, & SOCIAL NETWORKING

EFFECTIVE DATE: JUNE 1, 2025

REVISION DATE:

ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)

APPROVAL: CHIEF DARREN E. BRITTON

SPEECH, EXPRESSION, & SOCIAL NETWORKING

1029.1 PURPOSE AND SCOPE

This policy is intended to address issues associated with the use of social networking sites and provides guidelines for the regulation and balancing of member speech and expression with the needs of the Lincoln Police Department.

This policy applies to all forms of communication including, but not limited to, film, video, print media, public or private speech, and use of all internet services, including the Web, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video, and other file-sharing sites.

Nothing in this policy is intended to prohibit or infringe upon any communication, speech, or expression that is protected under the law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws.

Members are encouraged to consult with their supervisors regarding any questions arising from the application or potential application of this policy.

1029.2 POLICY

Members of public entities occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of the Lincoln Police Department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that members of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Department will carefully balance the individual members’ rights against the needs and interests of the Department when exercising a reasonable degree of control over its members’ speech and expression.

1029.3 SAFETY

Members should carefully consider the implications of their speech or any other form of expression when using the internet. Speech and expression that may negatively affect the safety of Lincoln Police Department members, such as posting personal information in a public forum or posting a photograph taken with a GPS-enabled camera, can result in compromising a member's home address or family ties. Members should therefore not disseminate or post any information on any forum or medium that could reasonably be anticipated to compromise the safety of any member, a member's family or associates. Examples of the type of information that could reasonably be expected to compromise safety include:

• Disclosing a photograph and name or address of an officer who is working undercover.

• Disclosing the address of a fellow department member.

• Otherwise, disclosing where another officer can be located off-duty.

1029.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT

To meet the safety, performance, and public trust needs of the Lincoln Police Department, the following are prohibited unless the speech is otherwise protected:

(a) Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation, or professionalism of this Department or its members.

(b) Speech or expression that, while not pursuant to official duty, is significantly linked to, or related to, this Department and tends to compromise or damage the mission, function, reputation, or professionalism of this Department or its members. Examples may include:

Statements that indicate a disregard for the law or the state or U.S. Constitutions.

An expression that demonstrates support for criminal activity.

Participation in sexually explicit photographs or videos for compensation or distribution.

(c) Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the member as a witness. For example, posting statements or expressions on a website that glorify or endorse dishonesty, unlawful discrimination, or illegal behavior.

(d) Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the members of this Department (e.g., a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen as potentially jeopardizing employees by informing criminals of details that could facilitate an escape or attempted escape).

(e) Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by this Department.

(f) Use or disclosure, through whatever means, of any information, photograph, video, or other recording obtained or accessible as a result of employment or appointment with the Department for financial or personal gain, or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee.

(g) Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses, or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment, or other material that specifically identifies the Lincoln Police Department on any personal or social networking or other website or web page, without the express authorization of the Chief of Police.

(h) Employees shall not, without approval of their Department Head, Assistant Department Head or Shift Supervisor, post, transmit or otherwise disseminate any information that they have access to as a result of their employment including:

Protected or confidential matters of the city

Matters under investigation

Patient or employee information protected by HIPAA/medical confidentiality laws

Personnel matters that are protected from disclosure by law

Photographs/images of emergency scenes

Video or audio files related to any emergency scene

Members must take reasonable and prompt action to remove any content, including content posted by others, which is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website).

1029.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS

While members are not restricted from engaging in the following activities as private citizens or as authorized members of groups, members may not represent the Lincoln Police Department or identify in any way that could be reasonably perceived as representing the Department in order to do any of the following, unless specifically authorized by the Chief of Police:

(a) Endorse, support, oppose or contradict any political campaign or initiative.

(b) Endorse, support, oppose or contradict any social issue, cause or religion.

(d) Appear in any commercial, social or nonprofit publication or any motion picture, film, video, or public broadcast, or on any website.

Additionally, when it can reasonably be construed that an employee, acting in his/her individual capacity or through an outside group or organization, including as an authorized member of an employee group, is affiliated with this department, the member shall give a specific disclaiming statement that any such speech or expression is not representative of the Lincoln Police Department and the City of Lincoln.

Members retain their rights to vote as they choose, to support candidates of their choice, and to express their opinions as private citizens, including as authorized members of employee groups, on political subjects and candidates at all times while off-duty. However, members shall not use their official authority or influence to interfere with or affect the result of elections or nominations for office. Members are also prohibited from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502).

1029.5 PRIVACY EXPECTATION

Members forfeit any expectation of privacy with regard to emails, texts or anything published or maintained through file-sharing software or any internet site (e.g., Facebook, Instagram, X (Formerly Twitter) or any other such site) that is accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance).

1029.5.1 MONITORING

The Lincoln Police Department and the City of Lincoln reserve the right to monitor its members/ employees’ use of any social media, and to take appropriate actions to prevent any misuse or misconduct that may be harmful to the Department and the City of Lincoln's image or reputation. This may include asking members to take down certain postings or taking disciplinary action against employees.

1029.5.2 ADMINISTRATIVE INVESTIGATIONS

Employees who are subject to administrative investigations may be ordered to provide the agency with access to the social networking site when the subject of the investigation is directly, narrowly, and specifically related to the employee's performance or ability to perform his or her function within the agency or when the subject of the investigation is potentially adverse to the operation, morale or efficiency of the agency.

1029.6 CONSIDERATIONS

In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Chief of Police or the authorized designee should consider include:

(a) Whether the speech or conduct would negatively affect the efficiency of delivering public services.

(b) Whether the speech or conduct would be contrary to the good order of the Department or the efficiency or morale of its members.

(d) Whether the speech or conduct would negatively affect the member's appearance of impartiality in the performance of his/her duties.

(e) Whether similar speech or conduct has been previously authorized.

(f) Whether the speech or conduct may be protected and outweighs any interest of the Department.

1029.7 DISCIPLINE

The Lincoln Police Department and the City of Lincoln reserve the right to discipline members/ employees, up to and including termination, for any commentary, content, or images that are pornographic, harassing, defamatory, libelous, and anything that may or does create a hostile work environment or disrupts the efficient operations of the City Departments.

These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.

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