Page 15 - October Newsletter

We have all most likely seen the stories that have unfolded on social media and made their way into the mainstream media — the stories of two officers who expressed their political views while on duty and in uniform.
We should all realize that anytime we are in uniform, we are prohibited from expressing political views. Whichever side of the fence you choose, at the end of the day, taking a political
stand while in uniform will likely land you in trouble. What many oofficers are unaware of is that what you
say or express off duty can have repercussions as well.
I have recently had two officers looking at discipline for expressing their views while off duty. One officer has been stripped and may be fired over his Facebook posts. An- other officer faces discipline for a bumper sticker on his personal vehicle. Both were expressing their opinions and believe that what they did should be covered under their
right to freedom of speech.
While we all have the right to freedom of speech when it
comes to expressing our opinions, the First Amendment only prohibits the government from taking recourse. Many people assume that their employers are also pro- hibited from recourse. However, the courts have said that this is not the case.
The courts have often ruled in favor of an employer in saying that an employee can be disciplined when any sort of connection or link as a public employee can be made, and the act in question can be considered inappropriate or offensive.
In both Roe v. City of San Diego and Dible v. City of Chandler, the courts have ruled in favor of the cities in the firing of their officers for the content of their websites. In both cases, the courts ruled that a direct link could be made between what was on their website and their em- ployment as a police officer, and in doing so, they brought injury to the city by bringing the mission of the depart- ment and the professionalism of its officers into serious disrepute.
In Locurto v. Giuliani, the court additionally ruled that even if you don’t create a direct link, if members of the community are able to identify the person in question as a public employee of the city and they make a complaint,
the city has a right to discipline that individuals when the conduct is inappropriate and offensive to the community. When you list your employer on your Facebook page as the City of Chicago or the police department, you create that link. If everyone on your Facebook page or other social media sources knows you to be the police or can infer that you are, you create a link to the City. If your actions on the page would be considered offensive, you
risk being disciplined by the City.
While I feel that every one of you has the right to say
how you feel, at the end of the day, if what you’re about to post might not be well received, you may be better off not posting it and saving yourself some headaches and money.d
Get an insider’s view into the unique life of a big-city undercover cop:
Learn what it feels like as McCarthy walks throughout the wreckage of the worst aviation disaster in Chicago’s history – American Airlines flight #191 –
collecting bodies and body parts.
Go behind the scenes as McCarthy, wired by the FBI, is bribed by an Asian organized crime figure to protect a secret Asian gambling den in Chicago’s Chinatown.
See how McCarthy turned five Thai hookers into informants to solve a brutal murder in Philadelphia.
Ride along with McCarthy’s FBI squad as they try to stop a gang war in the aftermath of the shooting of a Vietnamese gang leader.
Read what it’s like to be a SWAT team mem- ber in a two-day standoff with a cop killer.
Ride with McCarthy and his partner as they police Cabrini Green, the most violent housing project in Chicago.
Field Representative’s Report
Your expression of free speech may be costly
ROBERT BARTLETT
CHICAGO LODGE 7 ■ OCTOBER 2017 15