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

  • Andrew Beaujon

    Andrew Beaujon reported on the media for Poynter from 2012 to 2015. He was previously arts editor at and managing editor of Washington City Paper. He's the author of the 2006 book "Body Piercing Saved My Life," about Christian rock and evangelical Christian culture.


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