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Reason
Reason
Politics
Eugene Volokh

Social Media Political Insults of Public Employee in Election Campaign Aren't Protected by the First Amendment

From Fideldy v. Schumacher (Minn. Ct. App.), decided July 25, in an opinion by Judge Peter Reyes, joined by Louise Dovre Bjorkman; the Minnesota Supreme Court denied review Oct. 25:

Respondent Rebecca Lynn Fideldy has been employed as a legal secretary with the Itasca County Attorney's office for 16 years. Prior to this, she was employed with the John Dimich Law Office for ten years as a legal secretary. Appellant Rose Marie Schumacher and John Dimich have been friends for 40 years. While employed at the John Dimich Law Office, Fideldy would occasionally see Schumacher there.

In the beginning of 2022, two employees, not involved in this appeal, from the Itasca County Attorney's office were discharged from their positions with that office but remained employees of Itasca County. During this time, John Dimich was running for Itasca County Attorney against incumbent, Matti Adam, Fideldy's supervisor.

On July 10 and July 12, 2022, Schumacher posted comments on social media titled "Itasca Involved. Informed. Inspired" about Fideldy.

On July 10, 2022, Schumacher posted:

Matti is desperate and her intimidation tactics are ramping up … it[']s coming out Matti. Whether you want it to or not … Becky Fideldy isn't the only leaker in your tight circle.

On July 12, 2022, Schumacher posted:

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