7-2-23 Letter from Duffy Atkinson to Clarissa Cervantes - Social Media Deletions

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Duffy E. Atkinson 5643 Royal Hill Drive Riverside, CA 92506 (951) 675-4010 Phone datkinson1 aMt.net July 2, 2023 To: ccervantesnriversideca.gov CC: Riverside City Council eedwards(criversideca. gov rfierrogriversideca. gov gplascencianriversideca. gov ccondergriversideca. gov j perry_(&,riversideca. gov shemenway(kriversideca. goy Clerk, City of Riverside City Clerk(ariversideca.gov Mayor, City of Riverside 2mgyorgriversideca. goy Via Email Re: Deletion of Posts and Public Comment on Your City Councilmember Social Media Councilmember Cervantes: Multiple recent court cases have established that elected representatives violate the 1St Amendment when they either block individuals and/or delete posts and other content that express critical opinions on sites such as Facebook, Instagram and Twitter. According to the ACLU of Southern California, official social media pages for elected representatives and government organizations, when they allow the public to make comments on the page, are public forums. Censoring individuals from these pages through blocking accounts or deleting comments can be an unconstitutional restriction on their right to free speech under the First Amendment. This applies to official social media pages operated by an individual, or offices of elected representatives, or government boards, organizations, agencies, commissions, associations, or any other officially constituted group of a public entity where matters of public policy or governing are discussed. After reviewing your City Council Facebook page (https://www.facebook.com/CouncilmemberClarissaCervantes), it is clear that you or your staff have deliberately "scrubbed" the page of ALL prior content, with the exception of the post from 2021 that uploads your current page picture.