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Friday, May 23, 2014

ASA May Be In Trouble for Facebook Posts

Another story about employees/lawyers behaving badly on social media comes this story about a Florida Assistant States Attorney.  ASA Kenneth Lewis is under fire for several Facebook comments, including the following posts:

On Mother’s Day, he posted: 
Happy Mother’s Day to all the crack hoes out there. It's never too late to tie your tubes, clean up your life and make difference to someone out there that deserves a better mother.
He also posted a photo of Justice Sonia Sotomayor with the following caption:
Reason enough why no country should ever engage in the practice of Affirmative Action again. This could be the result. Where would she be if she didn't hit the quota lottery? Here's a hint: 'Would you like to supersize that sir?' 
He also commented on a news article about an arrest for home invasion as follows:
They should have shot him in the head, anyone that invades another home in a violent manner should be executed on the spot." Yet another post complains that Florida is subject to a "constant flooding of the lowest common denominator from third world nations.
According to an ABA Journal article, immediately after his posts became public, he seemed unapologetic about his Facebook musings, stating “It's an inspirational message to do the right thing."  At a later press conference, however, he seemed to back off from his earlier statement, saying his posts were intended to get people talking about the issues and he was sorry if people were offended by his "poor choice" of words.  

The States Attorneys (his boss) issued a statement saying that while he didn't agree with his ASA's postings, his opinions were protected by the First Amendment.  

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