The Plain View Project and the Importance of Social Media Policies in Law Enforcement

The Plain View Project has been in the news recently and serves a reminder to law enforcement agencies of the importance of a social media policy.  The Plain View Project was started by a Philadelphia based attorney and examined the social media accounts of roughly 2,900 active and 600 retired police officers from eight departments around the country.

The Project verified the officers’ accounts through publicly accessible information and compiled a database of social media posts containing inappropriate posts from the officers.  These posts included tasteless jokes, racist imagery and memes, posts encouraging violence against protestors and civilians, and social media exchanges between officers.  As a result, hundreds of police officers featured in the Plain View Project are under disciplinary investigation regarding the posts and the departments have received nationwide criticism.

The Plain View Project highlights the importance of law enforcement agencies having a comprehensive and up to date social media policy.  If an agency does not have a social media policy in place, it is much harder to discipline employees for their off-duty social media use in situations similar to those featured in the Plain View Project.  Further, if an officer’s post gains media attention, it is damaging for an agency’s public relations to explain that the officer ultimately was not disciplined due to the lack of a social media policy.  Such posts by law enforcement officers may also be used in litigation to show officers’ alleged biases.

An effective social media policy should explicitly inform employees that any social media posts, even if made off-duty on personal accounts, may subject them to discipline.  The policy should also state what actions are considered a violation of the policy and what is expected of employees when using social media.  Properly regulating social media use by employees, especially law enforcement officers, is vital now more than ever and should not be taken lightly.

If you have questions about your agency’s social media policy, and would like assistance, contact Fishel Downey Albrecht & Riepenhoff LLP at 614-221-1216.