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Public commenter urges narrower social media policy language; superintendent to consult counsel
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Summary
A resident warned that Section 5 of the proposed social media policy is vague and could chill protected speech; the superintendent said he will review the language with the district attorney against the Pickering standard.
During scheduled public comment, Patrica Peters told the Spearfish School District 40-2 board the draft Social Media Use Policy’s Section 5 is overly broad and risks limiting constitutionally protected expression.
“Section 5 goes well beyond that goal and creates standards that are overly broad, they're vague, and they're potentially unconstitutional,” Peters said, citing phrases in the draft that would bar content that could “damage the district's reputation” or “undermine an employee's fitness to serve.” She asked the board to narrow the policy to target concrete harms such as breaches of confidentiality, harassment, or interference with job duties.
Superintendent Easton acknowledged the concern and told the board he would consult the district attorney and review the policy against the U.S. Supreme Court’s Pickering test for public-employee speech. "I'll ask him to consider her concerns here on the prohibited uses specifically the one that she pointed out in comparison with the Pickering and see what his opinion is," Easton said.
The social media policy (policy 4027) and a related Social Media Account Request Form (4027 FM) were presented for first reading; the superintendent said the attorney’s input will inform additional edits before the second reading. No formal policy action was taken at the meeting.
What’s next: the superintendent will seek legal advice and bring any recommended edits back to the board for a subsequent reading and potential revision.
