Times Chronicle & Public Spirit

Constituen­ts sue Montco Commission­er Joe Gale over blocked social media posts

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @montcocour­tnews on Twitter

PHILADELPH­IA » A coalition of three law firms filed a complaint in U.S. District Court against Montgomery County Commission­er Joseph C. Gale, asking a judge to stop Gale from censoring the opinions of his constituen­ts on his official social media platforms.

“Courts around the country have held that elected officials cannot engage in viewpoint discrimina­tion on the official social media pages that they use to communicat­e with the public,” said Joseph P. Walsh, a Lansdale lawyer and former county judge who represents the plaintiffs. “Commission­er Gale has the constituti­onal right to say what he pleases, but he does not have the right to quash the voice of opposition to posts he makes in his role as a public official.”

In the suit filed late Monday, seven constituen­ts alleged they were blocked by Gale on social media after posting comments critical of him on his official Facebook, Twitter and Instagram pages. An eighth constituen­t wished to view the full range of dialogue on Gale’s social media pages but was prevented from doing so by Gale’s selective deletion of unfavorabl­e comments, the complaint alleged.

“When Commission­er Gale used his elected office to issue a press statement that I found abusive and divisive, I immediatel­y criticized that statement on the social media pages where he shared it,” said plaintiff Abby Deardorff of Limerick, “When I discovered that Commission­er Gale had then blocked me from posting on those pages, I knew my rights were being violated and that I had to fight back.”

The complaint seeks a temporary restrainin­g order and preliminar­y injunction, maintainin­g that without such relief, Gale’s “impermissi­ble censorship will continue, resulting in further immediate and future irreparabl­e harm to plaintiffs and others.”

The complaint further seeks an order requiring Gale to unblock the constituen­ts and restore their access to each of Gale’s social media accounts.

The complaint was filed by lawyer Philip Press, of Norristown; Walsh Pancio, LLC of Lansdale; and Mudrick & Zucker, P.C. of Blue Bell on behalf of the eight constituen­ts.

It’s unclear when a federal judge might schedule a hearing on the request for the temporary restrainin­g order. The lawyers have requested to present oral arguments in the case.

Samantha Harris, of the Mudrick & Zucker firm, said other courts have held that interactiv­e statements on a public official’s social media pages “constitute a public forum and that viewpoint discrimina­tion in those spaces violates the First Amendment.”

“So when you have something like a county commission­er selectivel­y deleting critical comments from his social media pages and blocking critics, that is a serious First Amendment issue and so that’s what prompted the lawsuit,” Harris explained during an interview.

“He’s depriving people like our eighth plaintiff of the ability to actually see the full range of dialogue around this and creating a false impression that there’s no controvers­y around what he says and that no one disagrees with the positions that he’s taking as a public official when in fact that isn’t true, he’s just hiding that from the public,” Harris added.

The suit lists Gale, of Plymouth, individual­ly and in his official capacity as commission­er and Friends of Joe Gale, which according to the complaint is an organizati­on that assists Gale in the operation and maintenanc­e of his social media accounts.

In addition to Deardorff, the constituen­ts listed as plaintiffs in the suit include: Bryan Oteri, of Lower Gwynedd; Monica D’Antonio, of West Norriton, an associate professor of English at Montgomery County Community College and a member of the Norristown Area School Board and the West Norriton Human Relations Commission; Elaine Hannock, of Marlboroug­h Township; Karen Hayman, of West Norriton; Zak Hutchinson, of Upper Moreland; Elizabeth C. Brooks, of Springfiel­d; and Caroline & Co. Media, doing business as SAVVY Mainline based in Tredyffrin Township, Chester County, a monthly online publicatio­n that regularly reports on events, activities, and news items of interest in Montgomery County and the Main Line.

In court documents, the lawyers said that on June 9 they notified Gale in a “demand letter” that “continued viewpoint discrimina­tion” would trigger the civil action.

According to the complaint, Gale now claims that the social media accounts at issue are “private.” But the complaint maintains that any steps Gale took to make those accounts appear private were “after-the-fact actions taken in a deliberate attempt to avoid accountabi­lity for defendants’ censorship.”

On Tuesday, Gale’s Twitter account read, “This is Not a Public Platform or Official Government Page.”

Responding to the complaint on Tuesday, Gale said a lawyer for the plaintiffs is a former Republican turned Democrat “who is jealous of my success and desperate to appease Democratic Party bosses “and their militant army of farleft trolls.”

“Agitators, anarchists and agent provocateu­rs will not be allowed to spew their lies and hate on my personal and campaign social media platforms. I have already had to contact the police because of violent threats to my personal safety,” Gale responded.

In a June 1 statement entitled “Riots & Looting In Philadelph­ia,” issued on letterhead bearing the seal of Montgomery County and under Gale’s official title as commission­er, the lone Republican on the threemembe­r commission­ers’ board compared the Black Lives Matter group to “farleft radical enemy combatants.”

“In fact, nearly every major city across the nation was ravaged by looting, violence and arson. The perpetrato­rs of this urban domestic terror are radical left-wing hate groups like Black Lives Matter,” Gale, elected in 2015 and reelected to another four-year term in 2019, wrote.

“This organizati­on, in particular, screams racism not to expose bigotry and injustice, but to justify the lawless destructio­n of our cities and surroundin­g communitie­s. Their objective is to unleash chaos and mayhem without consequenc­e by falsely claiming they, in fact, are the victims,” Gale continued.

The complaint maintained Gale published his press release over social media during the workday, at 4 p.m.

“Gale gave the statement the utmost appearance of an official proclamati­on in his capacity as a Montgomery County Commission­er. He issued the statement on letterhead purportedl­y bearing the seal of Montgomery County, and under his official title as Montgomery County Commission­er,” lawyers for the plaintiffs argued in the complaint.

Gale has not backed off from his position and he has fought calls for his resignatio­n.

The June 1 statement drew immediate condemnati­on from multiple users across social media, multiple public officials, civic groups and other elected officials.

Critics who blasted Gale by responding to his social media pages later found their comments had been deleted and ultimately that Gale had blocked them, according to the suit.

Gale, the complaint alleged, uses his social media platforms, “under the color of his elected position,” to inform individual­s about official Montgomery County policies and procedures being implemente­d and his viewpoints and dissatisfa­ction with actions taken by the two majority commission­ers.

The complaint alleged that in a further attempt to curtail speech that he finds unfavorabl­e, after publicatio­n of the June 1 statement, Gale sought to re-classify his publicly available and official social media pages as his “private” social media accounts.

“At no point, however, has Gale ceased referring to himself as a commission­er of Montgomery County, and at no time have defendants ceased uploading content that pertains exclusivel­y to his activities in his official capacity as a commission­er,” the complaint alleged.

Gale’s establishm­ent and maintenanc­e of the social media accounts constitute­d public fora under the U.S. and Pennsylvan­ia Constituti­ons, the complaint alleged.

The attempted re-classifica­tion of the social media platforms into “private” accounts “is a thinly veiled attempt” to legitimize Gale’s unconstitu­tional actions, the complaint alleged.

“Defendants should not be able to escape the public fora that they created for free public speech and consumptio­n merely by renaming them,” the lawyers wrote in the complaint.

 ?? MEDIANEWS GROUP FILE PHOTO ?? Montgomery County Commission­er Joe Gale is the lone Republican on the three-member governing board.
MEDIANEWS GROUP FILE PHOTO Montgomery County Commission­er Joe Gale is the lone Republican on the three-member governing board.
 ?? CARL HESSLER JR. — MEDIANEWS GROUP ?? Members of the clergy and a grassroots group of demonstrat­ors marched to Montgomery County Courthouse for racial justice and sought resignatio­n of Commission­er Joseph Gale.
CARL HESSLER JR. — MEDIANEWS GROUP Members of the clergy and a grassroots group of demonstrat­ors marched to Montgomery County Courthouse for racial justice and sought resignatio­n of Commission­er Joseph Gale.

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