Posts in Facebook.

Last week, Bergen County Assignment Judge Bonnie J. Mizdol issued an opinion finding that the Borough of North Arlington unlawfully imposed a special service charge upon a records requestor who sought records from the Borough's Facebook pages.

The OPRA request at issue in Wronko v. North Arlington sought the list of individuals who had been banned from the Borough's Facebook page, as well as a list of any words that had been censored and the list of page administrators. In response, the Borough insisted it needed to use an outside IT consultant to capture the screenshots necessary to ...

Posted in Articles, Facebook, OPRA

Pashman Stein Walder Hayden partner CJ Griffin has published an article in the April 2019 issue of New Jersey Lawyer magazine, titled "The Legal Implications of Governmental Social Media Use." A full copy of the article can be viewed here:

In September 2018, we filed a lawsuit on behalf of long-time client Steven Wronko seeking the list of users that Carteret Mayor Daniel J. Reiman has banned from his Facebook page.

Carteret opposed the lawsuit, arguing that Mayor Reiman's Facebook page was simply a personal page and that he has constitutional right to ban members of the public and a privacy interest in keeping the ban list secret.

We responded and provided over 200 pages of screenshots from the Mayor's Facebook page which showed that Mayor Reiman used his Facebook page to declare weather emergencies and keep the public ...

Posted in Facebook, OPRA, OPRA Q&As

Update: We have written extensively about this topic since this blog was published in 2015  and have filed successful suits for Facebook records. For updated content, click here, here, and here.

As the number of public agencies with a social media presence grows, questions arise regarding whether the content of the social media sites is a “government record” subject to OPRA.  We believe that it is.

OPRA defines government records very broadly and includes “information stored or maintained electronically.”  This should cover posts made on a public agency’s official ...

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