Columbus Paper Releases Text of Facebook Rant
Additional details have been released on the controversial Facebook post that cost one Columbus, Mississippi firefighter his job and caused 3 other city employees (2 firefighters and one police officer) to be disciplined.
Dave Statter has been on this since this morning after the Columbus Packet published an exclusive expose. The original post by Firefighter Brad Alexander came after a 2 year old child, Tyree Sparks Jr., was struck by a vehicle. The paper reported that Alexander did in fact respond on the run on August 20, 2012. His Facebook post allegedly stated:
“People never cease to amaze me. Mama yelling oh my baybee my baybee….Hey you stupid ass, where was babyeees mama at while your 2 year old was getting hit by a truck. Mama needs to have her guts cut so there wont be anymore babies. Freeloading ignorant woman”
The Packet does a good job of laying out the details. Here is some of what the reporter wrote:
“The Henleys told The Packet that, after finally learning the language in post, they might plan some sort of legal action. They said that the mother of the child, Terrance Henley, was actually on her way back from Columbus High School , where she is a Senior, when the accident occurred and was extremely emotional after she learned her child had been struck.”
So exactly what sort of legal action might Ms.Henley have? I am struggling to come up with one. Defamation would probably not be a viable option because while offensive, the post does not make a false statement of fact. At best it is a statement of opinion and hyperbole.
There might be liability based upon an invasion of privacy tort called “false light”. This tort is not recognized in all states and a stumbling block may be that it requires the proof of “actual malice”. Intentional infliction of severe emotional distress might be another semi-viable claim, but my sense is it is a stretch.
Constitutional claims would probably not lie on the facts because Alexander was not acting as a government employee when he posted his comments. The comments seem a bit mild to reach the level of being classified as a “hate crime” or hate-based offense that might allow for civil actions.
How about the Legal Eagles out there – what civil remedy might Ms. Henley have?
I don’t see how she has any cause of action against the medic. If he did not violate her privacy rights, I see no cause of action. Just because there may have been some violation of department policy there is no cause of action created for any third party. This stuff is really out of hand. As for remedies for Ms. Henley… She might consider abstinence or better birth control in the future unless she can get better child care the next time around.
What is your opinion about the two firefighters and the cop being suspend for 30 days for “liking” his post? If they were to take the county to court to get their suspensions reversed and back pay do you think they would win?
Without names and addresses, how would one know whom was referenced? One should not be fired for posting ones thoughts or feelings if there was no mention of names. Where is the justice for freedom of speech? Unless there is a signed disciplinary notice on file for Social Media interactions with said agency i would think this would fall under wrongful termination.
Dave
It is hard for me to hazard a guess – law wise. I know what I would like to see happen but that is not your question.
Political forces are shaping legal policies these days. A conservative approach takes a very dim view of expanding employee rights (including First Amendment rights) – and given the political climate in Mississippi I assume there will not be much support for expanding protection for public employees.
In a different state – the outcome would definitely be different. Consider even the recent Murfreesboro, TN case (not a bastion for liberalism) where a firefighter made a similar rant and was not even disciplined… let alone the “Likers”.
Leadership wise – I have a problem with employees being disciplined for doing things that are not clear rule violations. From what I have read the department had no social media policy. I am tired of leaders who ignore the need for a social media policy before hand – and then want to discipline and fire people after the fact for not using “common sense”. Its simply CYA… because if common sense was truly the guide then the department would have had a policy in this day and age, not to mention training to help prevent such cases from happening. That is common sense!
jacquie
Good point and I am not sure how the connection between the rant and the identity of people involved in the accident was made. Alot of it may be context… what was discussed before and after… how close it was in time to the incident… even how large a community it was. Another factor that was not discussed in the press was whether the poster was on duty and had just returned from the run or if some time had gone by and he was off duty on his own time days afterwards. Again – context may connect the comments and the stories even without the names.
In the absence of some close connection through context – you raise a great point.