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Montgomery County Debates Social Media Policy Amid First Amendment Concerns
Commissioners question language that could allow blocking users or removing posts based on opinions.
Published on Feb. 3, 2026
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The Montgomery County Government proposed a resolution to the County Commission to create a social media policy for both the community and county employees. However, several commissioners raised concerns that the policy's language could violate constituents' First Amendment rights by allowing the county to remove or block users based on the content of their posts.
Why it matters
This debate highlights the challenges local governments face in balancing public access to social media platforms with the need to moderate content and protect against harassment or inappropriate material. The commissioners' concerns about potential First Amendment violations underscore the delicate balance between free speech rights and a government's ability to manage its own online platforms.
The details
The proposed policy would give the county the right to monitor, prohibit, restrict, block, suspend, terminate, delete or discontinue access to any official county social media page. It would also allow the county to remove, delete, block, filter or restrict any materials posted on a county page. Commissioners questioned whether this language was too broad and could be used to censor opinions. The county attorney acknowledged the need to carefully implement the policy to avoid violating free speech rights, such as by only removing posts that contain clear threats of violence, not just opinions that anger officials.
- The Montgomery County Commission discussed the proposed social media policy at their meeting on Monday, February 3, 2026.
- The Commission is scheduled to meet again on Monday, February 9, 2026 for a formal vote on the policy.
The players
David Shelton
A Montgomery County Commissioner who expressed concerns about the broad language in the proposed social media policy.
Tim Harvey
The Montgomery County Attorney who defended the policy as constitutionally valid, but acknowledged the need for careful implementation to avoid First Amendment violations.
Joshua Beal
A Montgomery County Commissioner who questioned the policy's provision allowing the county to block someone's access to government social media pages.
Jeremiah Walker
A Montgomery County Commissioner who asked how close the proposed policy comes to violating constituents' First Amendment rights.
Wes Golden
The Montgomery County Mayor who said the county wants to ensure rights are protected and put the right policies in place.
What they’re saying
“My concern with this, is there are really no guidelines on how that is done. This is something that could be used, with the language that I see, it could be used to allow the official sites to remove or block users simply for an opinion.”
— David Shelton, Montgomery County Commissioner (clarksvillenow.com)
“You believe the wording indicates that; I'll take a look at that.”
— Tim Harvey, Montgomery County Attorney (clarksvillenow.com)
“The thing I'm trying to emphasize about our policy is we have no policy currently in place. So, if someone complains about our website handling, I'm making a decision without any policy in place whatsoever. I want to have some uniform policy, and this is a uniform policy attempt, which I think as a policy, is appropriate and constitutionally valid.”
— Tim Harvey, Montgomery County Attorney (clarksvillenow.com)
What’s next
The Montgomery County Commission is scheduled to meet again on Monday, February 9, 2026 to formally vote on the proposed social media policy.
The takeaway
This debate highlights the delicate balance local governments must strike between protecting free speech rights and maintaining control over their official social media platforms. The commissioners' concerns about potential First Amendment violations underscore the need for clear, narrowly-tailored policies that can withstand legal scrutiny.
