New court ruling could mean news orgs’ social media policies are no longer on shaky ground

Associated Press
On Tuesday Poynter suggested news organizations should take a look at their social media policies in light of decisions by the National Labor Relations Board. Publishers, you may consider kicking that can down the road if you wish: The U.S. Court of Appeals for the D.C. Circuit ruled President Obama didn’t have the right to make recess appointments to the NLRB last year, potentially invalidating the body’s rulings since then.

Obama appointed three members of the commission “after Senate Republicans blocked his choices for an agency they contended was biased in favor of unions,” the AP’s account reads.

Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.


But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called pro forma sessions.

The administration “is expected to appeal,” says the AP story, which does not explore the effect this decision may have on the right of news organization employees to use social media in a relatively unfettered manner.

Previously: Some news orgs’ social media policies are on shaky legal ground

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