Federal lawsuit alleges Facebook speech violations by District Attorney Gonzalez

By Joe Johnson

Western Circuit District Attorney Deborah Gonzalez has violated First Amendment rights to free speech, according to a lawsuit filed this week in U.S. District Court for the Middle District of Georgia.

The lawsuit alleges that the comments of Oconee County resident Richard Miley were removed from Gonzalez’s personal District Attorney and campaign Facebook pages.

The Western Judicial Circuit comprises both Oconee and Athens-Clarke counties.

“Defendant removed Plaintiff’s comments on certain posts on Defendant’s Facebook Page with no defined reason for taking such action,” the lawsuit states. “Defendant’s restriction of Plaintiff’s comments from Defendant’s Facebook Page and the Office Facebook Page violates Plaintiff’s right to freedom of expression because she imposes viewpoint-based restrictions on Plaintiff’s

participation in a designated or limited public forum.”

Gonzalez, a Democrat, is opposed in her November reelection bid by attorney Kalki Yalamanchili, who is running as an independent. Both candidates have Facebook pages for their campaigns.

The lawsuit alleges that the DA’s campaign page is a “limited public forum” on which she republishes posts from her DA’s office page.

Miley’s lawsuit asks that Gonzalez be ordered to lift restrictions for posting comments on her pages and restore posting privileges for Miley and other citizens.

U.S. District Judge Tilman Self has ordered an emergency hearing for October 7 at the federal courthouse in Athens, at which time he will hear arguments on the matter.