Navy base settles lawsuit with military spouse over Facebook ban

A Georgia naval base agreed to revise its social media policy as part of a settlement with a military spouse who sued after officials blocked him from the base’s Facebook page over comments questioning its handling of a power outage.

In the agreement filed last month, Naval Submarine Base Kings Bay agreed to no longer block or remove comments based on their expressed viewpoints, which aligns its policy with the Navy’s social media handbook.

While there was no monetary award, the base agreed to admit that it violated the Navy’s policy and the plaintiff’s constitutional rights. Officials also had to update the base’s social media pages to state that comments by the general public “will not be banned or blocked” because of their opinions.

In a statement, Michelle Scott, an attorney with the Center for Individual Rights, or CIR, which filed the case, said plaintiff Sergio Rodriguez asked the kinds of questions anyone would ask during a long power outage.

“The Navy doesn’t get to open a comment section, invite the public, and then delete anyone who asks an inconvenient question,” Scott said. “This settlement makes clear that the government can’t silence its critics with the click of a button.”

In July, a CIR plaintiff settled another case in which a North Carolina National Guard unit banned a former guardsman from its Facebook page after he criticized the unit’s leadership. That case also resulted in the unit adopting moderation policies that prohibit removing, hiding or filtering comments because they are deemed “inappropriate.”

According to the complaint, Rodriguez responded to the base’s post announcing a power outage in base housing on Aug. 12, 2024. He asked whether the base had plans to temporarily relocate residents during the outage because of excessive heat and humidity, and how residents could be reimbursed for spoiled food.

The lawsuit described Rodriguez as a disabled Army veteran whose wife served as a supply officer on the naval base. After retiring from the Army, he became an accomplished advocate for military families. He was named “spouse of the year” by Armed Forces Insurance and received a commendation from President Joe Biden.

While the page administrator responded in the thread, Rodriguez said he also received a call from the base commander’s wife informing him that he had been banned from the page. When he later tried to access the page, he found that he had been blocked.

In his lawsuit, he argued he “suffered irreparable injury” because being banned from the page limited his ability to communicate with and receive information from other base residents.

“Base Facebook pages are where military families turn when they’re searching for answers,” Rodriguez said. “When I was banned, I lost the ability to advocate for those families. Those families lost access to a person who was willing to ask hard questions on their behalf. It wasn’t enough for the base to quietly restore my access without ever admitting they were wrong.”

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