We’ve all talked a lot in the past few years about how politicians, including President Donald Trump, are increasingly using social media to bypass traditional news media.
In Portland, City Commissioner Chloe Eudaly is under fire for how she’s using her personal Facebook page. It’s a case that raises big questions about exactly what sort of privacy public officials should expect on social media and what kind of access their constituents should have to their online activities.
OPB reporter Amelia Templeton talked to OPB "All Things Considered" host John Notarianni on Wednesday about Eudaly’s posts and the ensuing controversy. To listen to the full conversation, use the audio player at the top of the story. Here are the highlights:
Live By Social Media, Die By Social Media?
To an extent, Eudaly is on the Portland City Council because of her skillful use of nontraditional methods to reach potential voters – especially younger ones.
She was a dark horse when she entered the race for then-Commissioner Steve Novick’s seat in 2016, a small business owner and single mom whose campaign was all about renter rights. Last November, on the night she upset Novick, campaign manager Marshall Runkel told OPB that there were three big reasons for her win.
First on his list? “The incredible power of social media.”
Governing Is Very Different Than Campaigning
Part of Eudaly’s appeal as a candidate was that she came across as authentic and outspoken, a voice of people outside the halls of power. Now she’s an elected official earning more than $100,000 a year.
The tone of her Facebook posts hasn’t necessarily changed, but the reaction to them has.
The current controversy centers around posts Eudaly made recently in response to an Oregonian/OregonLive story detailing plans to increase the communications staff at one of her bureaus. In a post complaining about the story, Eudaly personally insulted the Oregonian/OregonLive reporter.
Another journalist, freelancer Mike Bivins, posted that and other screenshots from Eudaly’s personal Facebook account on Twitter.
That began a conversation among journalists and citizen-advocates about other things Eudaly had written on Facebook, including posts in which she commented, and sometimes complained, about her city work. The posts included one in which Eudaly identified a frequent City Council speaker by name and made disparaging comments about her.
It’s important to note that Eudaly is Facebook friends with a number of local reporters, including journalists at OPB. Following public officials and candidates for office on social media has become a standard part of reporting. And Eudaly has either accepted or initiated all those Facebook relationships. She controls who sees her Facebook posts — and who can't see them.
Is There A Legal Precedent For What’s Public On Social Media?
The short answer: This is a very new area of study for legal experts but, as a general rule, elected officials enter shaky territory when they use personal accounts to communicate with constituents about government business.
Enrique Armijo, an associate professor at Elon University School of Law in North Carolina, said he thinks the law is pretty clear: Facebook is analogous to email. If a public official is using a personal account to communicate about work with constituents, that’s a public record and thus anyone should be able to view it.
“I don’t think the fact that this is a virtual space rather than an actual space should really change the analysis, which is focused correctly on whether or not a person is a public official and whether or not they’re discussing public business,” Armijo said.
In other words: Cat videos are private, complaints about City Council coverage are likely not.
Eudaly Might Change Her Facebook Habits
The commissioner is meeting with the city attorney Thursday and plans to follow whatever legal advice she receives, her office said.
In the interim, she’s said on Facebook that she will not post anything that could constitute city business.
Ericka Cruz Guevarra
/Portland Commissioner Chloe Eudaly at a press conference Sept. 15, 2017.
Copyright 2017 Oregon Public Broadcasting