Legal Brief
Cautionary Responses to Social Media Attacks
BY V. WAYNE YOUNG/School Administrator, June 2021

A SUPERINTENDENT RECEIVED an e-mail (one of many) taking him to task for closing school due to some borderline weather conditions. In reading it, the superintendent realized the parent actually lived in a neighboring district.

He responded politely and directed the parent to his colleague next door, even providing contact information. The parent replied, “Well, are your schools closed, too?” When he answered that they were, he got this final reply: “Then you’re just as big an idiot as he is!”

Nothing Novel

Public and private grousing about the local superintendent is not a new phenomenon. It always has been an occupational hazard and one to which superintendents quickly, but grudgingly, grow accustomed. But the ubiquitous nature of social media now allows gripes about the superintendent to reach hundreds or even thousands of recipients at the speed of light. And often the content is far more malicious than the illustration above.

Much of the online chatter about superintendents reflects the characteristics of social media conversation in general. It can be vulgar, offensive, exaggerated, inaccurate, intentionally untruthful, dangerous and measurably harmful. Unlike simply being called an idiot, some of it rises to a level that can cause a superintendent to be legitimately concerned about his or her professional reputation or personal safety.

The first line of defense for most online criticism is simply to ignore it. In reality, it often reaches only a limited audience, and any impact it may have is minimal and diminishes rapidly. It’s generally not productive for a superintendent to respond to most routine criticism or complaints, other than perhaps a generic, auto-generated “thank you for sharing” reply if it is submitted on a school district platform.

But statements that have the potential to cause tangible harm may need to be addressed directly. I recommend to superintendents in Kentucky that they respond firmly to any claims of illegal conduct or actions that harm students. For example, someone who says that “the superintendent is horrible and should lose her license” should probably be ignored. But saying the superintendent “is stealing district funds” or “is a danger to children” may require a targeted response.

Limited Options

Some potential strategies have practical limitations. For purposes of libel and slander, superintendents are regarded as “public figures” and as a result are offered little civil legal protection from false public comments. In addition, school districts are government agencies and — unlike private social media platforms like Twitter or Facebook — have constitutional limitations when it comes to placing restrictions on free speech by citizens.

Still, some responsive measures remain available. True threats always should be forwarded to law enforcement for investigation. And there are circumstances when access to school district social media can be restricted, so long as it has a reasonable factual basis, without running afoul of the First Amendment.

It may occasionally be advisable for the superintendent to respond directly and forcefully to comments made by individuals on their personal social media platforms. While it should be used sparingly, the historic notion of “calling someone out” can sometimes be both appropriate and effective in putting a stop to false statements of a serious nature.

Formal Warnings

I have assisted numerous superintendents in responding to claims of significant wrongdoing that had no factual basis. This can be accomplished through a “cease and desist” letter to the individual from the superintendent’s attorney (see my Legal Brief column in School Administrator’s November 2020 issue) or openly on social media. Actually, a benefit may accrue from the superintendent standing up for himself or herself publicly against irrational and harmful accusations.

None of these options is a perfect solution, and all should be undertaken thoughtfully and with appropriate restraint. Unfortunately, things may even get worse. But sometimes, enough is enough.

WAYNE YOUNG, an attorney, is retired executive director of Kentucky Association of School Administrators in Frankfort, Ky.