Social Media and Pennsylvania’s Right-to-Know Law

Open records_logo stackedAs agencies across Pennsylvania use social media more often to communicate with residents, Right-to-Know Law (RTKL) requests for records related to social media are becoming more common.

Determining whether information related to social media — including social media posts, direct messages sent via social media, and other types of information — qualifies as a “record” or a “public record” under the RTKL is no different than determining whether an email, a memo, or a map is a “record” or a “public record.”

First, agencies should determine whether a request is seeking a record, defined as “information … that documents a transaction or activity of an agency…”

If the request is seeking a record, agencies should determine whether it is a public record, defined as “A record, including a financial record, … that (1) is not exempt under Section 708, (2) is not exempt … under any other Federal or State law or regulation or judicial order or decree; or (3) is not protected by a privilege.”

Examining some decisions from the Office of Open Records (OOR) and the Commonwealth Court may be useful. Here’s a look at several of the most significant decisions involving social media.

Boyer v. Wyoming Borough (OOR Dkt. No.: AP 2018-1110)

The request sought records related to the mayor’s Facebook page, including a list of page administrators and editors and all comments made and removed or blocked from the page.

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Federal Court Says Public Officials Can’t Block Twitter Users

A federal court today ruled that President Donald J. Trump cannot block people from following his @realDonaldTrump account on Twitter.

The impact of the ruling, however, is not limited to the president.

Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York wrote, “This case requires us to consider whether a public official may, consistent with the First Amendment, ‘block’ a person from his Twitter account in response to the political views that person has expressed, and whether the analysis differs because that public official is the President of the United States. The answer to both questions is no.”

The full decision can be read here: Knight Institute vs. Trump