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Public Employees: Technology, Social Media, and the First Amendment

Level: Advanced
Runtime: 61 minutes
Recorded Date: October 05, 2021
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Closed Caption


  • Examination of 18 U.S.C. Section 1905 (making the disclosure of nonpublic information a criminal offense)
  • Examination of 5 C.F.R. Section 2635.703(a) - Providing that employees cannot use nonpublic information for personal or financial gain)
  • Authorized-Use Policies
  • First Amendment implications of speech-related regulations
Runtime: 1 hour
Recorded: October 5, 2021

For NY - Difficulty: Experienced Attorneys Only (Non-Transitional)


The government increasingly relies on technology and social media to facilitate both the rapid sharing of information and the public's interaction with agency staff and decision makers. But the broad appeal and widespread use of these communications platforms have created difficult challenges for government agencies.

This program was recorded on October 5th, 2021.

Provided By

American Bar Association
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Theodore C. (Ted) Hirt

Professorial Lecturer in Law
George Washington University Law School

Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.

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