Social Media in Public Employment

Social media continues to blur the lines between protected speech, employee misconduct, and employer oversight. This program will examine how New Jersey public employers and employees should navigate online activity in light of the First Amendment, statutory protections, transparency laws, and discipline standards.

The panel will address, among other topics:

• First Amendment protections and limits on public employee social media activity
• The impact of the Uniform Public Expression Protection Act (UPEPA)
• OPRA implications arising from social media use, messaging platforms, and personal devices
• When online speech crosses the line into discipline-worthy conduct
• Drafting, enforcing, and defending social media policies in public employment

Panelists:

• Jonathan F. Cohen, Esq. (Plosia Cohen LLC) – Management attorney, representing public employers across New Jersey in labor, employment, and OPRA matters
• Walter Luers, Esq. (Cohn Lifland Pearlman Herrmann & Knopf LLP) – Employee rights and OPRA practitioner, with extensive experience advocating for public employees and transparency
• James Gant – Borough Manager, Borough of Red Bank, bringing a practical manager’s perspective on policy development, enforcement, and employee discipline