C22394D5D38BA994872589DD0053DB2A Hearing Summary CLICS/CLICS2023A/commsumm.nsf PUBLICBILL SUMMARY For REVIEW OF SOCIAL MEDIA GUIDELINES IN LIGHT OF HB23-1306JOINT COMMITTEE COMMITTEE ON LEGAL SERVICESDate Jun 29, 2023 Location SCR 357 Review of Social Media Guidelines in light of HB23-1306 - Committee Discussion Only 09:15:41 AM Ed DeCecco, Office of Legislative Legal Services (OLLS), gave an update on the social media guidelines and summarized the committee's previous discussion on the topic. 09:17:50 AM Ed DeCecco, OLLS, explained the reasoning behind why the guidelines may need to be changed because of the passage of HB23-1306. 09:18:00 AM Ed DeCecco summarized what the previous recommended social media guidelines were. 09:18:57 AM Ed DeCecco, OLLS, explained that HB23-1306 changed the law in a way that possibly creates the need for new guidelines. 09:22:25 AM Ed DeCecco clarified that the new state law may not necessarily be the direction the supreme court goes. 09:23:50 AM Representative Weissman commented on HB23-1306 and stated his belief that state law will not have weight against federal law in the courts on the issue and expressed his view that the committee be extremely careful with new guidelines to err on the side of caution. 09:26:39 AM Ed DeCecco, OLLS, responded by saying he is not aware of any state law the court has used in the determinations on the issue and agreed that a state law would not be controlling over federal law. 09:27:41 AM Representative Soper commented on how no one will know what the guidelines should actually be until the court makes its decision. 09:28:47 AM Ed DeCecco, OLLS, explained the different outcomes that could happen and the timeline they could happen in. 09:31:34 AM Ed DeCecco, OLLS, asked what the committee would like to do with the guidelines, summarized the letter the committee previously sent out, and asked if the committee would like to rescind the previous guidance in light of HB23-1306, replace the guidance with similar guidance in light of HB23-1306, or provide completely new guidance and recommend caution. 09:35:35 AM Ed DeCecco, OLLS, mentioned what the new law could mean for the section of the guidelines on retaining counsel. 09:38:13 AM Representative Weissman commented on how he believes the committee should address the guidelines on retaining counsel and emphasized that the guidelines should make clear that, regardless of state law, there is still legal risk. 09:41:20 AM Senator Gardner discussed the legal risk of private social media and that until the supreme court makes their decision, legislators need to be extra careful and recommended that the committee suggest for legislators to receive guidance from an attorney before blocking someone on social media. 09:44:50 AM Representative Soper brought up the supreme court's decision in an online stalking case and how that might affect the guidelines to make sure legislators have the most tools possible for a defense against threats on social media. 09:47:12 AM Ed DeCecco, OLLS, explained that the social media guidelines purposely don't touch on the first amendment because it's not a legislator's job to determine whether something is protected speech in their limited duties in running their social media accounts. 09:52:07 AM Senator Gonzales, chair, asked the committee to decide how they want to move forward with the guidelines. 09:52:57 AM Represenative Soper, vice chair, suggested the committee send an updated notice or letter that explains that the general assembly has adopted a change in law but that the legislators should exercise an abundance of caution while the supreme court decides related cases. 09:53:53 AM Representative Weissman added that the committee should withdraw the memo as official guidance since it has been somewhat superseded and asked the chair and vice chair to take the lead on drafting the new letter and then allowing the committee to review it after. 09:55:46 AM Senator Gardner added that the committee should make express notices in the guidelines to state that there is still legal risk if followed. 09:58:24 AM Senator Gonzales, chair, added that the cover letter should note that the guidance is time-limited in nature and will be subject to change in the future as the committee will provide new guidance after the supreme court's decisions. 09:59:58 AM Represenative Weissman agreed with Senators Gardner and Gonzales. 10:00:57 AM Ed DeCecco, OLLS, addressed all of the final points that the committee brought up. 10:02:52 AM Motion I move that the chair and vice chair work with the OLLS to draft a letter that will be circulated to the members of the general assembly and update the memorandum to include within the summary of guidelines that there is legal risk in following the guidelines. Moved Soper Seconded Dickson Excused Gardner Yes Mabrey Yes Moreno Yes Roberts Yes Van Winkle Yes Weissman Yes Wilson Yes Soper Yes Gonzales Yes YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS