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3/1/2023

An Open Letter to Williamsville BoE President Regarding Censorship

Below is the text of an email sent to the Williamsville Board of Education President March 1st, 2023.

Dr. McClary,

I hope you are well. I am writing because, once again, the district is exposing itself to liability, this time with regards to censorship on the district social media pages.

Social media for government entities are considered a "public forum." This includes the official social media pages and posts for school districts. In Duhamel & DuBois v. Baldelli-Hunt, it was ruled that censoring these pages violated posters' first amendment rights, and the government  subsequently paid $7,000 in a settlement to the two plaintiffs, for attorney fees and court costs.

https://www.riaclu.org/en/news/aclu-settles-suit-over-facebook-censorship-woonsocket-mayor

An additional, earlier case:

https://slate.com/technology/2019/01/social-media-block-critics-first-amendment.html

I trust that, now informed in your official capacity as Board of Education president, you will ensure that the district respects the first amendment rights of district residents moving forward, and does not knowingly and negligently expose itself to further liability.


Have a great Tuesday,

Jonathan Rich
WNY Students First

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