ACLU of Indiana Challenges South Bend Social Media Ordinance
FOR IMMEDIATE RELEASE
CONTACT: 212-549-2666, media@aclu.org
Indianapolis—A lawsuit filed today by the American Civil Liberties Union of Indiana on behalf of South Bend Common Council President and 6th District Council member Oliver Davis challenges a recently-passed city ordinance that regulates both publicly controlled and privately maintained social media, Internet and electronic communications of council members, saying the ordinance violates the First Amendment to the U.S. Constitution.
Ordinance No. 10343-14, passed by the common council on Dec. 9 and signed by the mayor, places several extreme restrictions on council members’ use of Facebook, Twitter, email and other electronic communications, going so far as to attempt to control what others post on the members’ own social networking sites. The ordinance effectively stifles their First Amendment rights to communicate as members of the common council.
The ordinance lays out several restrictions of a highly subjective nature, saying the posts must be “informative,” “accurate,” “[not] misleading” and so on. But people use social media for amusement, to express opinions and to provoke action, and often post comments that are untrue—all of which is expression protected by the First Amendment.
“Elected officials retain their First Amendment rights,” said Ken Falk, ACLU of Indiana legal director. “The ordinance simply goes too far in trying to impinge on these rights.”
“I firmly believe as members of the South Bend Common Council, that in making our laws for the people of South Bend, we should be making laws that are in keeping with the U.S. Constitution,” said Council President Oliver Davis. “This is what all council members and our mayor swore to when we were elected.”
The case, Oliver Davis v. City of South Bend, Indiana, Cause No: 3:14-cv-2082, was filed on Dec. 22, 2014 in the U.S. District Court for the Northern District of Indiana, South Bend Division.
Stay Informed
Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy policy.
The Latest in Free Speech
-
Sasha Colby Is Winning in More Ways Than One
-
Southern Utah Drag Stars File Lawsuit Challenging the City of St. George’s Censorship of Drag Performances
-
ACLU Commends Supreme Court Decisions Allowing Free Speech Online to Flourish
-
ACLU Slams Montana's Unconstitutional TikTok Ban as Governor Signs Law
ACLU's Vision
The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.
Learn More About Free Speech

Protecting free speech means protecting a free press, the democratic process, diversity of thought, and so much more. The ACLU has worked since 1920 to ensure that freedom of speech is protected for everyone.