Springfield Police Explain When Social Media Disputes Become Criminal Harassment Under Colorado Law

Description: Springfield Police explain the difference between free speech, online harassment and defamation, and when Facebook disputes may warrant criminal investigation...


Published: 10/22/2026
Byline: SECO News

SOCIAL MEDIA DISPUTES, FREEDOM OF SPEECH, AND CRIMINAL HARASSMENT

The Springfield Police Department would like to address an increasingly common issue involving disagreements, arguments, and allegations of harassment occurring on social media platforms, particularly Facebook.
 
And yes, we recognize the irony of using social media to explain some of the problems associated with social media. It's a strange world we live in, but here we are.
 
We understand that social media can be frustrating. People express opinions, make accusations, share information that may be inaccurate, and sometimes say things that are downright unpleasant. We understand being the subject of negative comments, rumors, or accusations can be upsetting, particularly when you believe the information being shared is false, Trust us when we say we understand.
 
However, there is an important distinction between conduct that is offensive, inappropriate, or simply unnecessary and conduct that is actually criminal.
 
The First Amendment does not protect only the opinions we agree with.
Generally speaking, individuals have the right to express their opinions, criticize others, and participate in public discussions, even when their statements are unpopular, offensive, exaggerated, or based on incomplete information. The fact that someone makes a negative comment about another person, disagrees with their version of events, or responds to something posted on Facebook does not automatically constitute criminal harassment.
 
False Statements, Defamation, and Civil Remedies
 
One of the most common complaints we hear regarding social media is, "What they posted about me isn't true."
We understand. Trust us, we understand. Unfortunately, the fact that someone makes a statement that is false, misleading, or based on assumptions does not, by itself, establish that a criminal offense has occurred.
 
Under certain circumstances, knowingly false statements presented as facts that damage another person's reputation may give rise to a civil claim for defamation, including libel when those statements are written or published. Whether a statement qualifies as defamation depends on several legal factors, and not every false statement, opinion, or exaggeration is legally actionable.
These matters are generally addressed through the civil court system, often with the assistance of a private attorney.
 
Here is an important distinction: The Police Department is not the investigative arm of someone's potential civil lawsuit.
 
If you believe someone has defamed you on Facebook, it is generally your responsibility, or that of your attorney, to preserve relevant information, identify witnesses, gather supporting documentation, and determine whether you have grounds to pursue a civil claim.
 
Law enforcement is not responsible for collecting screenshots, researching social media profiles, identifying anonymous commenters, or conducting interviews solely to help someone prepare or initiate a private civil lawsuit.
 
Similarly, filing a police report does not automatically turn a civil disagreement into a criminal investigation. If the circumstances suggest a criminal offense may have occurred, officers will evaluate and investigate the matter as appropriate. However, the possibility of civil litigation does not create an obligation for law enforcement to build that case.
 
Simply put, the fact that someone may have wronged you does not necessarily mean they have committed a crime. And having grounds for a lawsuit does not mean the Police Department is responsible for building that lawsuit for you.
 
Social Media Privacy and Personal Responsibility
Here is something worth remembering about social media: You have a considerable amount of control over your own experience.
 
Facebook and other social media platforms provide privacy, security, and account management tools that allow users to manage their interactions with others.
 
Don't want everyone seeing your posts? Adjust your audience and privacy settings.
 
Don't want certain people commenting? Review your commenting restrictions.
 
Don't want someone contacting you? Block or restrict them.
 
Tired of seeing someone's posts? Unfollow, mute, or block them.
 
Don't want people tagging you? Review your tagging settings.
 
Believe someone is using a fake, duplicate or impersonation account? Report it directly to the platform.
 
The available options vary by platform, but these tools exist for a reason.
Another important consideration is whether your social media profile and posts are publicly accessible.
 
When you make a post available to the public and allow the public to comment, you should reasonably expect that members of the public may actually comment.
 
That includes people who disagree with you, question your statements, criticize your opinions, or express viewpoints you do not appreciate.
 
Maintaining an unrestricted public profile does not give others permission to CLEARLY threaten or stalk you. However, someone participating in a publicly accessible discussion does not automatically become a criminal suspect simply because you dislike what they have to say.
 
Blocking, Multiple Profiles, and Unwanted Contact
 
Another issue involves individuals who have been blocked on social media and subsequently create or use another profile to continue interacting with the person who blocked them.
 
First, if someone has blocked you, that should probably be a fairly obvious indication that they do not wish to communicate with you. Creating another account specifically to circumvent that block may violate the platform's rules, depending on the circumstances.
 
We would also suggest that repeatedly attempting to contact someone who has taken steps to prevent that contact is probably not the best exercise of judgment.
 
However, violating a social media platform's rules and violating Colorado criminal law are not necessarily the same thing.
 
Creating another profile after being blocked does not automatically establish criminal harassment. Likewise, if someone maintains a public post that allows comments from anyone, a comment from a previously blocked individual using another account does not, by itself, usually establish a criminal offense.
 
There is a difference between deliberately circumventing restrictions to repeatedly target someone with unwanted communications and participating in a publicly accessible discussion. The circumstances and nature of the communications matter and your setting will matter.
 
If you want greater control over who views and interacts with your posts, maintaining unrestricted public posts may not be the most effective way to accomplish that goal.
 
What Officers May Ask When You Report Social Media Harassment
When someone reports alleged social media harassment, officers may ask about the individual's account settings, privacy restrictions, and steps taken to limit unwanted interactions.
 
For example, is the post publicly accessible? Are comments restricted? Has the other person been blocked? Have the available privacy and security tools been utilized?
 
These questions are not intended to dismiss someone's concerns. They help officers understand the circumstances, evaluate whether potentially criminal conduct occurred, and determine whether the issue may be more appropriately resolved through the platform's available tools.
 
It is difficult to expect law enforcement to resolve every unwanted social media interaction when the platform already provides tools to address the situation and those tools have not been utilized.
This does not mean someone must block another person, change privacy settings, or stop using social media before reporting a crime. However, when the reported conduct does not appear to violate criminal law, officers may recommend using the available privacy and security features rather than pursuing a criminal investigation.
Sometimes the appropriate solution is not a criminal charge. Sometimes it is simply changing who can interact with your Facebook account.
 
When Does Social Media Activity Become Criminal Harassment?
Colorado Revised Statutes § 18-9-111 addresses harassment, including certain forms of electronic communication. However, the legal requirements for criminal harassment are considerably more specific than simply finding someone's comments annoying, insulting, embarrassing, or unwelcome.
 
The Colorado Supreme Court has addressed the importance of protecting constitutionally protected speech when applying the state's harassment statute to electronic communications.
 
Law enforcement must consider the actual statements, the circumstances surrounding them, the applicable statutory elements, and constitutional protections before determining whether criminal conduct may have occurred.
 
Certain electronic communications involving threats of bodily injury or property damage, legally obscene communications, or other conduct prohibited by law may warrant criminal investigation. However, not every vague statement, sarcastic remark, insult, or unpleasant interaction constitutes a criminal offense. A statement usually needs to contain an explicit threat to warrant investigation, but investigators must evaluate its meaning and context rather than relying solely on how one individual interpreted it.
 
The Springfield Police Department will investigate allegations of potentially criminal conduct when appropriate. However, we cannot turn ordinary social media disagreements into criminal cases simply because one participant wants another participant charged with harassment. Ultimately, the question is not whether someone's conduct was rude, immature, unnecessary, or offensive. The question is whether that conduct actually violates Colorado criminal law.
Bias-Motivated Crimes and Increased Penalties.
 
It is also important to recognize that certain criminal conduct may carry more serious consequences when motivated by bias against another person.
 
Under Colorado law, criminal harassment committed with the intent to intimidate or harass someone, in whole or in part, because of certain actual or perceived protected characteristics may be subject to increased criminal penalties. These characteristics include race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, and transgender identity.
Colorado also has a separate statute addressing bias-motivated crimes, C.R.S. § 18-9-121, which may apply when its specific legal requirements are satisfied.
 
However, the use of offensive, discriminatory, or hateful language does not automatically establish a bias-motivated crime. As with other criminal offenses, the conduct must meet the applicable legal elements, and constitutional protections must be considered.
 
The important distinction is that while offensive speech alone is not necessarily criminal, criminal conduct motivated by unlawful bias can carry significantly more serious consequences.
 
A Final Thought
 
Before contacting law enforcement over a social media disagreement, we encourage individuals to consider whether they are reporting potentially criminal conduct or simply asking the police to intervene in a conversation they no longer wish to participate in.
 
The Springfield Police Department remains committed to investigating genuine threats, unlawful harassment, stalking, bias-motivated crimes, and other criminal conduct. Individuals who believe they are being subjected to such behavior should preserve relevant evidence and contact law enforcement.
 
However, the Police Department is not responsible for moderating Facebook discussions, determining who won an online argument, deciding whose version of events is more popular, or determining which opinions should be allowed to remain on the internet.
 
Social media platforms provide tools for managing online interactions. Civil courts provide potential remedies for certain harmful false statements. Law enforcement is responsible for investigating conduct that may violate criminal law. These are three very different things.
 
Sometimes the most effective way to resolve a Facebook argument is simply to stop participating in it.
 
And with that, we will now return to using Facebook to share information with our community, fully recognizing that some people will disagree with this post and most future posts.
And that's perfectly fine. Everyone is entitled to their opinion.

Chief C. Griffin



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