Calvo’s Facebook page echoes Trump Supreme Court precedent

Gov. Eddie Baza Calvo with President Donald J. Trump on Air Force One at Andersen AFB, Guam. Photo: Bloomberg

Guam – If the U.S. Supreme Court has anything to say about it, Gov. Eddie Calvo’s use of a Facebook account may be government speech, regardless of content. On May 23, a high court memorandum and order addressed the difference between private and government speech relative to social media posts on the account of an elected public official. The Supreme Court order sprung from President Trump’s constant use of the Twitter account @realDonaldTrump.

According to the high court, “there may be situations in which it is difficult to tell whether a government entity is speaking on its own behalf or is providing a forum for private speech.”

However, the court states, “Private involvement in the formulation of the speech in question does not preclude the conclusion that it is government speech.”

This story attempts to draw distinctions in a social media situation involving the Governor of Guam.

Is Eddie Baza Calvo using his official capacity as Governor of Guam to endorse his right hand man Lt. Governor Ray Tenorio’s private political agenda? The answer may lie in Gov. Eddie Calvo’s Facebook page and how the page is being utilized by the governor.

The Facebook page in question is labeled “Governor Eddie Calvo”, and the “About” section lists Calvo as a “Government Official” and includes the governor’s official email address and website. A review of posts on what appears to be the official Facebook profile of the Guam governor shows official press releases and statements made in Calvo’s official capacity as governor.

The conundrum? The page is also used to publicly endorse GOP gubernatorial candidate Ray Tenorio and running mate Tony Ada’s BOTA Campaign. Tenorio presently serves as Calvo’s lieutenant governor. On October 14, the BOTA campaign rally was reportedly live-streamed through the governor’s Facebook page.

An October 31 campaign press release post, just days before the November 6th general election targets Tenorio’s opponent, Democratic nominee Lou Leon Guerrero, and her running mate, Joshua Tenorio. The release is hash-tagged #BIBABOTA, a clear endorsement of the GOP gubernatorial hopeful.

No clear lines are drawn to indicate which statements express the governor’s personal opinions versus his official capacity. So what’s the big deal? If it’s social media, does that constitute an ” official” government page?

It would appear the issue has already been determined by the US Supreme Court in its May 23 memorandum and order on President Trump’s social media accounts. The US Supreme Court thereby determines what constitutes government speech and private speech by considering whether a social media page is used to convey state messages and to what degree personal messaging is involved and to what effect. Using the high court’s method, one may come to the conclusion that Calvo’s Facebook page is government speech and that the medium is being used to promote a private political campaign. The high court’s line of reasoning seems to suggest that Calvo’s official page is government speech and that it is advertising someone else’s bid for election.

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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.