Read And Consider Newly Issued "Administrative Regulations" That Tell LB City's Mgm't-Run Depts What They Can/Can't Say, And What Public Can/Can't Say, On City-Operated Social Network Pages; They Request (But Can't Demand) That LB Elected Officials Also Follow Them On Their Personally-Operated Social Network Pages

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Read And Consider These Newly Issued "Administrative Regulations" That Tell LB City's Mgm't-Run Depts What They Can/Can't Say, And What Public Can/Can't Say, On City-Operated Social Network Pages; They Request (But Can't Demand) That LB Elected Officials Also Follow Them On Their Personally-Operated Social Network Pages

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(December 16, 2019) -- James Madison and Thomas Jefferson: meet Tom Modica and Charles Parkin. Interim City Manager Modica, coordinated with City Attorney Parkin, have produced Administrative Regulations and an accompanying transmittal memo -- that can be viewed in full at this link -- instructing City of Long Beach departments and offices answerable to the City Manager on what they can and can't say, and what public comments they can allow or block on City of Long Beach-operated social network pages.

Management's Administrative Regulations do NOT bind the Mayor, or City Councilmembers or other LB elected officials. (LB electeds aren't subordinates of the non-elected City Manager) However city management requests that LB elected officials, applicable commissioners, interns, third-party employees, volunteers of other independent offices, contractors, consultants "or others with access to the City's technology, equipment and resources, as necessary for business purposes with the City also comply with this policy for administrative uniformity, or adopt a separate policy if they so choose."

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The Administrative Regulations may LB City Hall's first officially decreed word on the matter but it may not be the last in an emerging area of first amendment law.

In New York, a federal district court, and a three=judge federal appellate panel, have both ruled that President Trump can't block criticism on his personally-operated Twitter page. If upheld on subsequent review and if adopted in the west's 9th circuit or nationally, the same principle would arguably apply to social network pages operated by local elected officials...including LB's Mayor and City Councilmembers.

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(The U.S. Justice Dept. supports President Trump's stance that since his social network page is operated by him personally (and isn't government operated) and because governmental action isn't involved, the first amendment's prohibition against government restriction on speech content doesn't apply. The US DOJ supports President Trump's stance and is now seeking review by an 11-judge en banc federal appeals panel to overturn the federal district court and three judge appeals court opinions.)

The private vs. government issue isn't involved in city management's Administrative Regulations, which pertain to city government social network pages where the first amendment undeniably applies.

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