Sandy Springs City Council member and mayoral candidate Jody Reichel said she would unblock some users from her Facebook page after receiving criticism that her actions were a violation of First Amendment rights.
Reichel, who shares community news, campaign news, and updates about family and friends on her Facebook page, said her actions came at a time when civil dialogue had often been replaced by highly charged and personal communication. She disputed that her social media use constituted government action.
“That said, to avoid any appearance of impropriety, I will unblock the accounts so they may continue to see all of my posts, both personal and professional,” Reichel said. “My only request of them and all citizens is that we keep the conversation civil and constructive. That is the best way to move Sandy Springs forward.”
Susan Kicak addressed the issue during public comment at the city council’s Aug. 19 meeting.
“Recently, my access to an important public communication channel was wrongly restricted, which is in violation of my First Amendment rights. Council member Jody Reichel, who represents my district, blocked me from the Facebook page she uses to communicate with constituents,” Kicak said.
Kicak said she asked on Reichel’s Facebook page to list her accomplishments during her eight years on the city council. Kicak disputed several items Reichel listed, fact-checking a claim about a city center master plan. In response, Reichel deleted her accomplishments’ post and Kicak’s responses, blocked Kicak from her page and also blocking anyone from viewing or commenting on that deleted post.
Kicak said using her Facebook page to share city government news, links to her constituent newsletters, and information about government services and city events makes Reichel’s page a public forum.
In Lindke v. Freed, the U.S. Supreme Court ruled in 2024 unanimously that when public officials use social media for government business, those pages are public forums under the First Amendment. The ruling said blocking dissenting viewpoints from such a page is unlawful and undermines free speech and government transparency.
Kicak said she wanted to resolve the issue without legal action. She had spoken to a First Amendment attorney and would consider litigation if needed.
Reichel disagreed with Kicak’s view of her Facebook page’s status. Reichel said the city attorney agreed that her personal Facebook account didn’t meet the test established by the U.S. Supreme Court on whether an elected official’s social media use constitutes government action, but agreed to unblock her page.
Kicak confirmed on Aug, 20 that her access to Reichel’s page had been restored, and said she considered the matter resolved.
