Michael Karlis
Former ACS director Shannon Sims called critics of the department "social media terrorists" during his farewell speech in May.
In a Tuesday letter, the nonpartisan Foundation for Individual Rights and Expression (FIRE) alleges ACS deleted 400 comments on its Facebook page this May. About 80% of those deleted comments criticized the department's euthanasia policies, according to FIRE Director of Public Advocacy Aaron Terr.
“That’s very strong evidence that the agency is targeting speech that is critical and targeting speech based on the viewpoint expressed,” Terr told the Current.
The First Amendment bars the government from regulating speech, except in very specific situations, including if the speech is obscene, libelous or uses “fighting words.”
Although private entities, including Facebook, can set their own speech standards and policies, the U.S. Supreme Court ruled in March that the social media pages of government agencies or departments count as public forums.
“It’s the same thing as if the City Council has a meeting with a public comment period and citizens stand up to speak during the comment period,” Terr said. “They have First Amendment Rights, so they can’t be censored based on their viewpoint.”
FIRE maintains that ACS is continuing to delete comments from its Facebook page that paint the department in a bad light.
ACS officials weren't available Wednesday for immediate comment on FIRE’s allegations.
In its letter, FIRE gave the city department until Sept. 25 to respond to its concerns and affirm that it will no longer censor comments on its social media pages.
“If they don’t respond, we will decide internally on next steps,” Terr said. “We will be sending a follow-up letter if they don’t receive any response, and then we will consider what other steps we might take to stop Animal Care Services from censoring protected speech. Nothing is off the table.”
FIRE’s letter comes months after then ACS Director Shannon Sims, in an acerbic farewell speech, described those critical of the department’s policies as “social media terrorists.”
Sims retired earlier than expected — a week after giving the speech.
The accusations of First Amendment violations also come as ACS seeks a 13.6% budget increase for the next fiscal cycle. City Council is expected to vote on the Fiscal Year 2025 budget later this month.
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