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Kootenai County disables public comments on official social media over legal concerns
Summary
County counsel told elected officials the board has disabled comments on official social media accounts after legal advice that removing or moderating comments could invite First Amendment lawsuits; departments were asked to follow the direction and a packet explains how to turn off comments per platform.
Kootenai County officials said Wednesday that the county has disabled public comments on its official social media pages, citing legal counsel’s advice that moderating or removing comments could expose the county to First Amendment lawsuits.
County counsel Sarah Masters told assembled elected officials that the board “decided to remove the ability for anyone to comment” on platforms including YouTube, Facebook, Instagram and Twitter, and asked departments under the board to do the same. Masters said the sheriff’s office had already disabled comments on its pages.
Prosecuting Attorney Stanley Mortensen told the meeting the change was precautionary. “Somebody could sue, for infringement of the First Amendment, free speech rights, and then the county would be liable,” Mortensen said, explaining the legal concern when a government creates a forum and then removes or censors comments.
Masters added that some risks arise from platform moderation itself. “Facebook has an algorithm that edits comments. So if Facebook finds something to be offensive in some way, they will go in and edit it,” she said, and counsel viewed algorithmic edits as a potential exposure for the county. Masters also said the meeting packet includes “instructions on how to remove comments for each platform if you are interested.”
Officials said the directive was a board-level decision rather than a formal, recorded vote; each elected official retains authority over their public-facing pages if they maintain them. Masters said some elected officials do not have Facebook pages and that implementation will vary by office and platform.
The county did not announce any further policy changes or remedies for citizens wanting to raise concerns online; officials indicated the change is intended to reduce legal risk rather than to limit public access to information. The meeting packet will be circulated to officials who want step-by-step instructions for disabling comments.
