A federal judge has determined that leaders of Yardley Borough, Buck’s County, Pennsylvania, unlawfully silenced a resident when they deleted his comment from the local government’s Facebook page.
We obtained a copy of the order for you here.
The controversy centers on Earl Markey, a corporate trainer and active member of the local Republican committee.
In October 2022, Markey posted a comment on the Yardley Boro Facebook page urging voters to back a referendum that would have trimmed the borough council from seven members to five.
His comment was sharply critical of a sitting councilman.
Markey wrote, “Appointed Councilman Matt Curtin wants to raise property taxes by two mills. Stop unelected, out of touch investment bankers, like Matt Curtin, from volunteering our hard-earned money for higher taxes. Vote YES on the referendum to reduce the size of the Yardley Borough Council.”
Not long after, the comment disappeared.
The borough’s manager, Paula Johnson, labeled the post a personal attack. Council President Caroline Thompson approved its removal.
Markey saw this as a clear act of censorship and took legal action, filing a lawsuit against Thompson, Johnson, and the borough. He also named two other officials who were eventually removed from the case.
“For me that crossed a line,” Markey said. He described the deletion as “censorship by public officials.”
Although borough leaders tried to defuse the matter by letting Markey repost his comment, reimbursing his legal filing fee, and drafting a revised social media policy, Markey pressed forward with the lawsuit.