If you don't have anything nice to say, don't say anything.
That seems to be the gist of a new social media policy approved by city leaders in South Pittsburg, Tenn., that says public employees, contractors and even volunteers can't criticize their town on social media.
A nationwide online backlash ensued, but city officials are standing firm.
City Commissioner Jeff Powers, one of four commissioners who voted to approve the policy, said it was intended only to reduce "personal attacking" and "showing people in a negative light."
Several websites such as Reddit, a popular online message board, and more mainstream sites, like Bloomberg Businessweek, reposted or revisited the issue reported in the Times Free Press.
The online free-for-all included people claiming violation of the First Amendment, defenders who think the policy is justified and a few "troll" accounts using pseudonyms including "Not Jane Dawkins," for Mayor Jane Dawkins, "CommJeffPowers" for Commissioner Powers and "75mphSammy" for city manager Sammy Burrows, referring to his run-in with town police a little over a year ago.
The policy states that "(U)se of social media by employees and volunteers can pose risks to the city's confidential and proprietary information and reputation, can expose the city to discrimination and harassment claims and can jeopardize the city's compliance with government rules and laws."
Violations could result in disciplinary action, including termination.
First Amendment Center president Ken Paulson said South Pittsburg's policy is not necessarily unreasonable, but it must be specific.
"[Private] employers have a great deal of latitude in determining the requirements of a job. If you work in a private industry, you're in a relationship with your employer and you don't have constitutional rights to free speech in the workplace," Paulson said. "Imagine Wal-Mart telling its employees that they can't go out and post criticisms of Wal-Mart on social media sites. Is that reasonable? Most people would think so."
Likewise, "if the goal is to build a sense of community spirit and build confidence in the public in the life in your town, it's not unreasonable for a city to insist that there be no overt actions to undermine those goals," he said.
Paulson, also the dean of the College of Mass Communication at Middle Tennessee State University, said he didn't "see any constitutional red flags here."
"These guidelines are well-drafted and specific, and allow for personal expression by employees as long as they make clear they're not speaking on behalf of the city," Paulson said.
The policy applies to all city elected representatives, appointed board members, employees, volunteers, vendors, contractors and anyone associated with the town in an official capacity. The policy states that those persons cannot post anything negative on social networks about the city, its employees or associates.
Commissioner Paul Don King, the lone "no" vote on the policy, said he understands the idea but would rather see such discretion come out of respect for the town, not a formal document.
King, who was elected in November and sworn in on the night of the vote, is worried the policy can't be effectively enforced because so many volunteers help in the annual National Cornbread Festival.
"Somebody could be left out of signing the paperwork. We might be picking and choosing," he said.
King, a high school basketball referee for 25 years, said he's no stranger to criticism, and he would rather err on the side of free speech.
"I'm just a country boy trying to do the right thing," he said.
Social media targeted by the policy include videos, blogs, online forum discussions, Facebook, Twitter, Pinterest and LinkedIn. Although the policy applies to several groups of people, employees and volunteers are the main focus. And Paulson said vendors and contractors would more likely be covered by contracts than the policy.
"A city certainly couldn't say you can post positive things about Republicans but not Democrats or vice versa," Paulson said. "But imagine a tourism director of a town bad-mouthing the town. Clearly, that wouldn't be acceptable. There are a lot of subtleties."
Contact staff writer Ben Benton at bbenton@timesfreepress.com or twitter.com/BenBenton or www.facebook.com/ben.benton1 or 423-757-6569.