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Sherrif’s Dept. violates First Amendment

Recently, while viewing the Montezuma County Sheriff Department’s Facebook page, I became engaged in a conversation through the comments section regarding the recent arrest of a Kentucky man attempting to purchase marijuana and other narcotics for distribution out of state.

The conversation turned to the topic of the necessity of pursuing out-of-state criminals and the costs associated with such sting operations. The conversation was heated at times, but remained civil. I left a comment giving my two cents and went about my day with the intention of following up later.

The next day I attempted to review my comments but much to my surprise they had been removed. As I scrolled through the department’s page I noticed that not all comments had been deleted. Comments praising the deeds of the officers or generally positive comments were left on the page.

The “about” section of the page now says, “The comments section is no longer available for posting; however we welcome you to come to the office or call reception who will direct your phone call to the appropriate person.” This statement would lead one to believe that all comments would be removed, but this is not the case.

By moderating the Facebook page and removing only negative comments, the department has violated the First Amendment right to free speech of the citizens of this county. Seeing as the department has not found it necessary to remove all comments from their page, they have created a public forum that is being controlled and manipulated for their benefit. This totalitarian style of censorship is a slippery slope that we must put an end to. Public participation is necessary to a strong democracy whether you like the content of a message or not.

A quick search turns up several cases where sheriff departments in the U.S. have lost legal battles over social media censorship. In one example (Hawaii Defense Foundation, et al. vs. City and County of Honolulu et al, case number CV12 00469), the department lost the case and was forced to re-examine and correct their social media policy.

The right to freedom of speech is not the First Amendment by mistake. Our forefathers were well aware of the tribulations associated with censorship of the people.

This right should never be reduced or repealed as knowledge is the most powerful tool in making positive decisions for the community.

While public scrutiny can be stressful for the men and women of law enforcement, the benefits far outweigh the negatives and ensure that officers and departments are held accountable for their actions, good or bad.

Neal Cantin

Dolores