Firefighter sues Farmington after he is fired for comments on social media

The town of Farmington fired firefighter Alexander Morin after he got into a debate with residents on social media. Now Morin, with the support of the American Civil Liberties Union, is suing Farmington for violating his First Amendment right to free speech.

On July 18, 2015, Alexander Morin commented on Facebook after another resident posted information about an emergency services response in Farmington. Morin said, "[p]eople's personal emergencies don't need to be put on Facebook." Several other residents chimed in on the discussion, arguing with Morin and another firefighter who joined the debate.

In a later interview Morin agreed with the summary that he was "criticizing the citizens of Farmington or whoever was participating in the on-line discussion about being nosy and being busybodies."

A citizen then wrote to the Farmington Fire Department, "Can I just say, that it makes me nervous to know that this is the way that people of public service act? How can I know that they will protect me when they are calling me a s--t head for wanting to pray for my neighbors?"

Farmington fired Morin for violating the town's social media policy, which states, "Employees are free to express themselves as private citizens on social media to the degree that their speech does not impair or impede performance of duties or negatively affect the public perception of the Department or Town."

According to a legal filing, the Farmington Fire Chief "concluded that [Morin's] comments had the potential to damage the relationship between his firefighters and the residents of Farmington, and thereby impair the ability of Farmington Fire & Rescue to carry out its responsibilities."

The town fired Morin, citing the social media policy and two prior disciplinary actions against Morin.

The American Civil Liberties Union argues the social media policy is overly broad and violates public employees' right to free speech.

"As the United States Supreme Court has held, public employees may not be compelled to relinquish the First Amendment rights they would otherwise enjoy as citizens to comment on matters of public interest," said Gilles Bissonnette, the Legal Director of the ACLU of New Hampshire. "Underlying this principle is the recognition that public employees are often the members of the community who are likely to have informed opinions as to the operations of their public employers – operations which are of substantial concern to the public. Allowing these speakers to comment about government activities, including on social media and to the press, is critical to government accountability." 

Do you think the Farmington social media policy is unconstitutional? Share your opinion in the comments below.