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'Be extremely careful': Attorney warn against political social media posts

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  Published in Media and Entertainment on Thursday, September 18th 2025 at 19:52 GMT by WSMV
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Attorney Urges Extreme Caution Over Political Posts on Social Media

By WSMV News Staff – September 18, 2025

In an era where a single tweet or Facebook status can spark legal battles, a local attorney has issued a stark warning to anyone who thinks their political commentary can be taken for granted. “If you’re posting political content on social media, be extremely careful,” said Dr. Liam Hayes, a senior partner at Hayes & Associates, in an exclusive interview with WSMV. The message was delivered at a small press event in Nashville, but the implications reach far beyond the local press conference, touching on every citizen who uses social media as a platform for civic engagement.

The Rising Tide of Politically Charged Litigation

Hayes cites a steady rise in politically motivated lawsuits that stem directly from online activity. In the last two years, he has represented over 40 clients whose cases involve allegations of defamation, false advertising, or breaches of campaign finance law triggered by a single post. “The internet does not erase a statement, and the law does not forgive careless speech,” he emphasized.

The attorney’s own experience provides an illustrative example. Hayes’s former client, a state legislator, posted a comment on Twitter accusing an opponent of “unwillingness to represent constituents.” A month later, the legislator was sued for defamation. The court found that the tweet was false, could be verified as untrue, and was made with reckless disregard for the truth—a classic case of “actual malice” that triggers the stringent standard of proof in defamation suits involving public officials.

Why Political Posts Are Treated Differently

Hayes explains that the distinction between political and non‑political speech is legally significant. Because politics is a matter of public concern, the First Amendment protects it with a higher bar for scrutiny. But this protection does not shield individuals from the consequences of false statements. “If your post is about a public figure or policy, the courts will look harder to see whether you were careful,” Hayes said.

He also notes that certain state statutes expressly criminalize or civilly punish false statements that harm another’s reputation, especially when those statements are made publicly. For instance, Tennessee Code Title 27 §3-1-200 (defamation) makes it clear that a person who “publishes or transmits a false statement of fact” may be held liable if it damages a person’s reputation. The same statute applies to online content, whether it’s posted on Facebook, Instagram, or a personal blog.

The Role of Subpoenas and Discovery

Perhaps the most chilling part of Hayes’s warning concerns the role of subpoenas. In civil cases, a plaintiff can request a subpoena to obtain an individual’s social media logs, often through the platform’s “request for data” process. These records can reveal deleted posts, private messages, and even the timing of when a message was created. In some recent cases, plaintiffs have secured these records as evidence that a defendant “made a false statement” or “engaged in fraudulent conduct.”

Hayes points out that even private messages can become public if the defendant is compelled by a court order. “Once you post something, it becomes part of the public record,” he said, noting that private Facebook messages that are part of a group chat with a public audience can be admissible in court.

Practical Tips From Hayes & Associates

To help readers navigate these risks, Hayes and his firm released a simple “Political Posting Checklist” at the end of the press event. The checklist, which is available on the firm’s website, includes:

1. Verify All Facts – If you are quoting statistics, laws, or statements from a public figure, double‑check that the facts are accurate and up‑to‑date.
2. Consider the Source – A rumor or a hearsay statement, even if sourced from a reputable outlet, can be risky if it hasn’t been independently verified.
3. Check Platform Policies – Platforms like Twitter, Instagram, and Facebook have their own “Community Standards” that can result in a post being flagged, removed, or used as evidence in civil claims.
4. Use “Public Domain” Language – If you are discussing policy, frame it as your opinion or as a summary of public record rather than a factual assertion.
5. Ask Before You Post – For public officials and political activists, consult your legal counsel before posting anything that could be construed as defamatory, or that references confidential or proprietary information.
6. Keep a Record – Maintain a copy of all posts and any associated communications, especially if you are involved in a campaign or legal matter. A simple copy‑and‑paste or screenshot can preserve the content for future reference.

The Wider Conversation About “Digital Footprints”

Hayes’s cautionary note also intersects with a broader conversation about “digital footprints.” Social media profiles are increasingly being reviewed by employers, law firms, and even law enforcement. A single post can influence hiring decisions, contractual negotiations, or legal outcomes. “You’re never fully in the dark about your online presence,” he said. “And you can’t simply delete a post after the fact; the internet remembers.”

He referenced a recent case from the federal court in Nashville, where a former mayor was sued for a Facebook post that claimed a competitor was “bribing voters.” The lawsuit was settled out of court after the mayor deleted the post and issued a public apology. Hayes notes that while the settlement avoided a trial, the court documents are now public record and can be used in future proceedings.

A Call to Responsible Civic Engagement

In closing, Hayes urged the community to treat social media with the same care they would treat any official statement. “We live in a world where the line between private opinion and public declaration is thin,” he said. “If you’re going to speak up about politics, make sure you do so responsibly and lawfully.”

While Hayes’s warnings may seem daunting, his message is clear: The power of social media to mobilize, inform, and influence also carries an equally powerful capacity to harm and to be used against you. Whether you’re a volunteer, a candidate, or a concerned citizen, remember that a single post can become evidence, a subpoena can be issued, and a lawsuit can be filed. Think carefully before you click “post.”