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• Government agencies cannot restrict the public’s online expression because they want to avoid criticism
• City’s animal shelter deleted or hid over 400 comments from the public, mostly critical of its euthanasia policy
• FIRE calls on the government-run shelter San Antonio Animal Care Services to immediately stop censoring the public

San Antonio, Texas, Sept. 12, 2024 — A central purpose of the First Amendment is to allow Americans to criticize their government. But a government-run animal shelter in Texas is threatening that purpose with the click of a button.

San Antonio Animal Care Services hid over 400 comments in a single four-week period on its Facebook page, around 80% of which were critical of the shelter’s euthanasia policy. Now, the ��ݮ��ƵAPP���� is calling on the agency to stop violating the Constitution by censoring critical social media comments.

“The shelter is barking up the wrong tree if it thinks it can get away with censoring Texans,” said ��ݮ��ƵAPP���� Director of Public Advocacy Aaron Terr. “No government agency is above the criticism of the public it serves. The people’s voice must be heard.”

FIRE wrote to the shelter Wednesday to lay out the constitutional problems with its censorship. Although what Animal Care Services posts on social media is the agency’s own speech, the comment sections of social media pages are subject to the First Amendment. Meaning the government can’t just unilaterally memory-hole speech it doesn’t like. 

Among the hidden or deleted comments:

• Do you tell surrendering owners that their pet usually will only have a few days to be adopted before you kill it?

• Love that you are posting and promoting them! But can we then not plan to kill them the following day and give folks times to respond to the post and save them?

• Why are you CHOOSING to kill multiples for ONE kennel ??!!! You refuse to answer that question EVER

The shelter euthanized between Jan. 1 and July 31. Animal Care Services has not specified a reason for restricting the comments. ��ݮ��ƵAPP���� is giving them until Sept. 25 to confirm they will stop censoring.

“Euthanasia in animal shelters is a contentious issue — one that the public absolutely can and should debate,” said Brennen VanderVeen, ��ݮ��ƵAPP���� program officer for public advocacy. “It’s imperative that Texans can engage with their government and share their views. The Constitution requires nothing less.”

FIRE takes no position on animal euthanasia and defends speech on any issue if it is protected by the First Amendment. That includes defending animal rights groups as well as hunting clubs.

FIRE mascots Jasper and Jolene were aghast at the shelter’s flagrant constitutional violations, but were otherwise unavailable for comment.

COURTESY PHOTOS OF JASPER AND JOLENE

The ��ݮ��ƵAPP���� (��ݮ��ƵAPP����) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. ��ݮ��ƵAPP���� educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Daniel Burnett, Senior Director of Communications, ��ݮ��ƵAPP����: 215-717-3473; media@thefire.org

Michael Shannon, Interim Director, San Antonio Animal Care Services: 210-207-4738