Freedom of Tweet:
Social Media and the Legislative Process
By Ashley Hinds
Over the last several years, social media
has become ingrained in American
political culture. In fact, legislators today
are increasingly relying on social media
platforms to broadcast their message.
Likewise, constituents are increasingly using
social media to have their voices heard.
Social media has become a favorite tool
for both sides of the democratic process: it
facilitates a quick and easy way for legislators
to communicate ideas, invites comments and
questions from constituents, and eliminates
geographical barriers from around the corner
to across the country.
In recent years, social media use among
legislators has increased dramatically. In
2010, a study by the Congressional Research
Service found 78.7 percent of Congressional
members have official Twitter accounts.
This finding is not surprising, as Twitter
has become a favorite social media platform
among legislators to release press statements,
photos, and short news items. The same study
found 87.2 percent of members have official
Facebook accounts. In fact, the number of
Facebook users among Congress jumped so
drastically in just a few years that Facebook
couldn’t help but take notice. In response to
the study, Facebook created an official “best
practices” guide for new members of the
113th Congress, covering items such as how
to create official pages, follow other members
of Congress, target followers with advertising
based on zip codes, and “explain the votes
[they] take.”
For the last few years, politicians Kylie
Oversen and Erin Oban have established
reputable social media presences. Oversen
utilizes Facebook and Twitter to reach her
constituents, and because her district is
comprised mostly of young, college students,
Oversen’s reliance on social media has proven
to be a successful strategy. She regularly posts
updates about upcoming legislation on both
the local and national levels, and welcomes
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her constituents’ comments and concerns. “If
someone is asking for something, whether it’s
through a comment or a message, and they’re
saying ‘I’m having a problem with this and I
need your help,’ I will always try to respond,”
Oversen explained. In her four years in
office, Oversen has seen a steady increase in
legislators’ reliance on social media and has
observed first-hand the important role social
media plays in the political process.
Oban, a member of the North Dakota
Senate, echoes Oversen’s thoughts on the
benefits of social media to the democratic
process. Oban uses social media to educate
people and help them see a side of the
political system they may not see otherwise.
Next to in-person interactions, she is reached
primarily through social media. “Sometimes
it’s just general feedback or comment,
but other times I get specific questions or
requests through messages on Facebook and
Twitter,” she explained. Oban appreciates
that her constituents feel comfortable sharing
their thoughts and concerns with her on
these social networks and values the social
media’s success in increasing constituents’
engagement in the political process.
While not a Twitter user yet, Senator Tim
Flakoll does rely both on his official and
personal Facebook accounts to inform
constituents about his work as a Senator and
his involvement in community organizations.
Flakoll appreciates social media’s
instantaneous ability to reach constituents
and help them understand his message.
He also takes notice of any comments his
constituents make on Facebook. To Flakoll
though, one of the most valuable services
social media provides is the chance for
people to get to know him not only as a
Senator, but also as a person. “We have the
most open system in the country in terms
of approachability of elected officials,”
Flakoll explained. “Facebook can inform our
constituents that we are a citizen legislature
and that we are doing a lot of good in our
community. We want our constituents to
know that we are highly accessible.” Social
media can increase that accessibility even
further, he notes.
The increased use of social media, however,
raises a number of legal questions legislators
ought to be thinking about. For example,
even if legislators’ Facebook posts or tweets
can be considered protected speech, are
legislators’ actions, such as a “like” or a
“dislike” on Facebook, protected? What
about legislators’ re-tweets of another’s
tweet? While lower courts have generally
been reluctant to impede the free flow of
information on social medial platforms, the
Supreme Court is yet to address if and how
traditional protections extended to legislators
and their messages should apply in this
new context of social media interaction. As
uncertain as those answers may be, one thing
is for sure: legislators’ reliance on social media
to broadcast their message and reach their
constituents is here to stay. And with the
65th Legislative Session upon us, it’s time for
legislators to get ready, set, tweet.
Ashley Hinds, from Winnipeg, Man., is a third-year law
student at the UND School of Law, where she serves as
a board member of Phi Apha Delta Law Fraternity, the
Canadian Law Student Society, and the International
Human Rights Organization. Hinds earned her bachelor
of arts in psychology and criminology from the University
of Manitoba.