Supreme Court to decide if public officials can block constituents on social media
Nov 01, 2023
By Lauren Taylor (Reporter/Producer), Zachary Hill (Video Editor)
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Supreme Court considers when the government can block followers on social media
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The Supreme Court takes up social media cases similar to one about Donald Trump’s Twitter feed
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The Supreme Court takes up social media cases similar to one about Donald Trump’s Twitter feed
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Supreme Court takes up cases on when constituents can be blocked on social media – Maryland Daily Record
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US Supreme Court weighs if public officials can block critics on social media
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Can public officials block critics on social media? Supreme Court wrestles with cases that have echoes of Donald Trump.
Click to see story on Chicago Tribune
Supreme Court considers when the government can block followers on social media
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The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on WPLG
Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Portland Press Herald
Supreme Court considers when the government can block followers on social media
Click to see story on WCVB
U.S. Supreme Court weighs when officials may block citizens on social media
Click to see story on San Diego Union Tribune
Supreme Court considers when the government can block followers on social media
Click to see story on WLWT
Supreme Court considers when the government can block followers on social media
Click to see story on WMUR
Supreme Court considers when the government can block followers on social media
Click to see story on WLKY
Supreme Court considers when the government can block followers on social media
Click to see story on WESH
Supreme Court considers when the government can block followers on social media
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Supreme Court weighs whether government officials can block people on social media
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Supreme Court considers when the government can block followers on social media
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Supreme Court considers when the government can block followers on social media
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Supreme Court considers when the government can block followers on social media
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The Supreme Court wrestles with social media cases that have echoes of Donald Trump
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Supreme Court weighs whether government officials can block people on social media
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Supreme Court weighs whether government officials can block people on social media
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Supreme Court to wade into social media free speech firestorm
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Supreme Court considers when the government can block followers on social media
Click to see story on WPBF
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Daily Freeman
Supreme Court considers when the government can block followers on social media
Click to see story on WGAL
Supreme Court considers when the government can block followers on social media
Click to see story on WXII
High court weighs whether officials may block critics on social media
Click to see story on SentinelSource.com
Supreme Court considers when the government can block followers on social media
Click to see story on waaytv.com
Supreme Court considers when the government can block followers on social media
Click to see story on KSBW
Supreme Court ponders consequences of letting officials block critics on social media
Click to see story on Roll Call
Supreme Court weighs whether government officials can block people on social media
Click to see story on MYSTATELINE
Supreme Court considers when the government can block followers on social media
Click to see story on abc12/WJRT
Supreme Court considers when the government can block followers on social media
Click to see story on WJCL
Supreme Court weighs whether government officials can block people on social media
Click to see story on TRISTATEHOMEPAGE
Supreme Court considers when the government can block followers on social media
Click to see story on KHBS
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on The Pottstown Mercury
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Daily Local News
Supreme Court weighs whether government officials can block people on social media
Click to see story on WNTZ – cenlanow.com
US Supreme Court Weighs Whether Public Officials Can Block Critics on Social Media – News Facts Network
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US Supreme Court weighs if public officials can block critics on social media
Click to see story on Times of India
The Supreme Court Takes Up Social Media Cases Similar To One About Donald Trump’s Twitter Feed
Click to see story on News18 India
Supreme Court grapples with First Amendment rights of public officials, constituents on social media
Click to see story on Washington Times
US Supreme Court weighs if public officials can block critics on social media
Click to see story on Malay Mail
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Boston Herald
Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on OC Register
Supreme Court considers whether public officials can block online critics
Click to see story on justthenews.com
US Supreme Court weighs if public officials can block critics on social media
Click to see story on UnionLeader.com
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The Supreme Court takes up social media cases similar to one about Donald Trump’s Twitter feed
Click to see story on My Mother Lode
Supreme Court considers when the government can block followers on social media
Click to see story on mor-tv.com
Supreme Court takes up social media cases similar to one about Trump’s Twitter feed
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89 other sources covering this story
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Center
58
Leaning Right
10
Last Updated
6 months ago
Do public officials have the right to block their constituents from their personal social media pages? The U.S. Supreme Court is taking up the issue.
On Oct. 31, the justices heard oral arguments to decide whether “a public official’s social media activity constitutes ‘state action’ only if the official used the account to perform a governmental duty or under the authority of his or her office.”
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There are two similar cases. The first is O’Connor-Ratcliff v. Garnier, in which two school board members in California blocked parents from their social media pages for posting criticism of their work. The second is Lindke v. Freed, in which a city manager in Michigan blocked a constituent from his personal social media page, citing harassment.
In both cases, the constituents say their First Amendment rights were violated when the public officials blocked them from posting criticism.
The justices will decide if public officials’ personal social media pages are considered official government duty, and whether public officials are allowed to block constituents who post criticism.
Prior to the justices hearing oral arguments in the pair of cases, two lower courts developed legal tests to determine if public officials’ personal social media accounts are state action. In one case, the lower court determined that the accounts’ appearance and purpose deemed them state action. In another case, the lower court ruled that state action requires an “exercise of duty or authority.”
Lawyers for the public officials argue that the officials created their social media pages before their life in public office and used their pages to post about their jobs. However, the pages were not official government duty, and the public officials also shared their personal lives including pictures of their families and pets.
“Let me also give you a practical reason why this isn’t the right way to think about it,” said Hashim Mooppan, the attorney representing the California school board officials. “You’re setting up a trap for the unwary. There are lots of government officials in this country. They are probably not all going to read this court’s decision. And if you adopt a rule that the only way they can exercise their rights under Halleck to exclude people from their personal property is to include a disclaimer, some of those people aren’t going to do it and they’re going to lose their First Amendment rights. And that’s the exact opposite of how the First Amendment normally works.”
Lawyers for the constituents argue that public officials are “never off the clock” and their social media pages that are used to communicate government business do not immunize them from constitutional scrutiny.
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“Under our test for state action, a public official who creates a channel for communicating with constituents about in-office conduct, and then blocks a user from that channel, must abide by the Constitution,” said Allon Kedem, the attorney representing Kevin Lindke. “This test, which focuses on how the public official is using and purporting to use that account, is consistent with this court’s precedent under which a public official who purports to act in that capacity is a state actor.”
The Supreme Court will now decide on the issue four years after a federal appeals panel ruled that former President Donald Trump had violated the Constitution after he blocked critics on then-Twitter. The panel ruled that since Trump used the account for official government business, he could not block constituents from seeing the content. The Supreme Court dismissed the case in April 2021, throwing out the lower court ruling on the grounds that it was a moot point, following Trump’s loss in the 2020 election.
Decisions in these cases are expected in June 2024.
DO PUBLIC OFFICIALS HAVE THE RIGHT TO BLOCK THEIR CONSTITUENTS FROM THEIR PERSONAL SOCIAL MEDIA PAGES? THE SUPREME COURT IS TAKING UP THE ISSUE.
ON TUESDAY — THE JUSTICES HEARD ORAL ARGUMENTS – TO DECIDE “WHETHER A PUBLIC OFFICIAL’S SOCIAL MEDIA ACTIVITY CONSTITUTES STATE ACTION ONLY IF THE OFFICIAL USED THE ACCOUNT TO PERFORM A GOVERNMENTAL DUTY OR UNDER THE AUTHORITY OF HIS OR HER OFFICE.”
THERE ARE TWO SIMILAR CASES – O’CONNOR-RATCLIFF V. GARNIER… IN WHICH TWO SCHOOL BOARD MEMBERS IN CALIFORNIA BLOCKED PARENTS WHO WERE CRITICAL OF THEIR WORK FROM THEIR SOCIAL MEDIA PAGES.
AND LINDKE V. FREED IN WHICH A CITY MANAGER IN MICHIGAN BLOCKED A CONSTITUENT FROM HIS PERSONAL SOCIAL MEDIA PAGE – CITING HARASSMENT.
IN BOTH CASES – THE CONSTITUENTS SAY THEIR FIRST AMENDMENT RIGHTS WERE VIOLATED WHEN THE PUBLIC OFFICIALS BLOCKED THEM FROM POSTING CRITICISM TO THEIR SOCIAL MEDIA PAGES.
THE JUSTICES WILL DECIDE IF PUBLIC OFFICIALS’ PERSONAL SOCIAL MEDIA PAGES ARE OFFICIAL GOVERNMENT DUTY AND IF PUBLIC OFFICIALS ARE ALLOWED TO BLOCK CONSTITUENTS WHO POST CRITICISM.
TWO LOWER COURTS CAME UP WITH LEGAL TESTS TO DETERMINE IF A PUBLIC OFFICIAL’S PERSONAL SOCIAL MEDIA ACCOUNT IS STATE ACTION.
IN ONE CASE – THE LOWER COURT DETERMINED – THE ACCOUNTS’ APPEARANCE AND PURPOSE DEEM THEM STATE ACTION.
IN ANOTHER CASE – THE LOWER COURT RULED THAT STATE ACTION REQUIRES AN EXERCISE OF DUTY OR AUTHORITY.
LAWYERS FOR THE PUBLIC OFFICIALS ARGUE: THE OFFICIALS CREATED THEIR PAGES BEFORE LIFE IN PUBLIC OFFICE… AND DID USE THEIR PAGES TO POST ABOUT THEIR JOBS. HOWEVER, THE PAGES WERE NOT OFFICIAL GOVERNMENT DUTY – AND THE PUBLIC OFFICIALS ALSO SHARED THEIR PERSONAL LIVES – INCLUDING PICTURES OF THEIR FAMILIES AND PETS.
(MR. HASHIM M. MOOPPAN / LAWYER FOR PUBLIC OFFICIALS)
“Let me also give you a practical reason why this isn’t the right way to think about it. You’re setting up a trap for the unwary. There are lots of government officials in this country. They are probably not all going to read this Court’s decision. And if you adopt a rule that the only way they can exercise their rights under Halleck to exclude people from their personal property is to include a disclaimer, some of those people aren’t going to do it and they’re going to lose their First Amendment rights. And that’s the exact opposite of how the First Amendment normally works..”
LAWYERS FOR THE CONSTITUENTS ARGUE: PUBLIC OFFICIALS ARE NEVER OFF THE CLOCK – AND THEIR PAGES THAT ARE USED TO COMMUNICATE GOVERNMENT BUSINESS – DOES NOT IMMUNIZE THEM FROM CONSTITUTIONAL SCRUTINY.
(MR. ALLON KEDEM / LAWYER FOR CONSTITUENTS)
“Under our test for state action, a public official who creates a channel for communicating with constituents about in-office conduct and then blocks a user from that channel must abide by the Constitution. This test, which focuses on how the public official is using and purporting to use that account, is consistent with this Court’s precedent under which a public official who purports to act in that capacity is a state actor..
THE SUPREME COURT WILL DECIDE ON THE ISSUE — FOUR YEARS AFTER A FEDERAL APPEALS PANEL RULED THAT FORMER PRESIDENT DONALD TRUMP HAD VIOLATED THE CONSTITUTION AFTER HE BLOCKED CRITICS ON TWITTER.
THE PANEL RULED – SINCE TRUMP USED THE ACCOUNT FOR OFFICIAL GOVERNMENT BUSINESS, HE COULDN’T BLOCK CONSTITUENTS FROM SEEING THE CONTENT.
THE SUPREME COURT DISMISSED THE CASE IN APRIL 2021, THROWING OUT THE LOWER-COURT RULING ON THE GROUNDS THAT IT WAS MOOT FOLLOWING TRUMP’S LOSS IN THE 2020 ELECTION.
DECISIONS IN THESE CASES ARE EXPECTED IN JUNE.
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Media Landscape
See who else is reporting on this story and which side of the political spectrum they lean. To read other sources, click on the plus signs below.
Learn more about this dataLeft 21%
Center 68%
Right 12%
Bias Distribution
Far
Left
+0
Click to close
The Supreme Court takes up social media cases similar to one about Donald Trump’s Twitter feed
Click to see story on Associated Press News
Supreme Court takes up social media cases similar to one about Trump Twitter feed
Click to see story on abc News
Supreme Court considers when the government can block followers on social media
Click to see story on CNN
High court struggles on whether officials may block social media critics
Click to see story on The Washington Post
Supreme Court to weigh fights over public officials blocking constituents on social media
Click to see story on CBS News
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Click to see story on npr
Supreme Court weighs whether public officials can be sued for blocking people on social media
Click to see story on NBC News
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Coast Reporter
U.S. Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Japan Today
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Rocky Mountain Outlook
US Supreme Court weighs if public officials can block critics on social media
Click to see story on Rappler
LISTEN LIVE: Supreme Court considers whether public officials can block critics on social media
Click to see story on PBS NewsHour
The Supreme Court takes up social media cases similar to one about Donald Trump’s Twitter feed
Click to see story on San Antonio Express-News
The Supreme Court takes up social media cases similar to one about Donald Trump’s Twitter feed
Click to see story on Orlando Sentinel
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on The Delaware County Daily Times
Tweeting or Governing? Supreme Court Tries to Draw Lines in School Board Case
Click to see story on the74million.org
Supreme Court takes up cases on when constituents can be blocked on social media – Maryland Daily Record
Click to see story on Maryland Daily Record
Click to close
US Supreme Court weighs if public officials can block critics on social media
Click to see story on Channel News Asia
Supreme Court to wade into social media free speech firestorm
Click to see story on The Hill
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on KVIA
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Winnipeg Free Press
US Supreme Court Weighs Whether Public Officials Can Block Critics on Social Media
Click to see story on VOA News
Supreme Court weighs public officials’ blocking social media accounts
Click to see story on UPI
Can public officials block critics on social media? Supreme Court wrestles with cases that have echoes of Donald Trump.
Click to see story on Chicago Tribune
Supreme Court considers when the government can block followers on social media
Click to see story on KCRA 3
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on WPLG
Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Portland Press Herald
Supreme Court considers when the government can block followers on social media
Click to see story on WCVB
U.S. Supreme Court weighs when officials may block citizens on social media
Click to see story on San Diego Union Tribune
Supreme Court considers when the government can block followers on social media
Click to see story on WLWT
Supreme Court considers when the government can block followers on social media
Click to see story on WMUR
Supreme Court considers when the government can block followers on social media
Click to see story on WLKY
Supreme Court considers when the government can block followers on social media
Click to see story on WESH
Supreme Court considers when the government can block followers on social media
Click to see story on Koco News5
Supreme Court considers when the government can block followers on social media
Click to see story on WDSU
Supreme Court considers when the government can block followers on social media
Click to see story on KETV
Supreme Court considers when the government can block followers on social media
Click to see story on WTAE
Supreme Court considers when the government can block followers on social media
Click to see story on WYFF
Supreme Court considers when the government can block followers on social media
Click to see story on KCCI
Supreme Court considers when the government can block followers on social media
Click to see story on KMBC
U.S. Supreme Court weighs if public officials may block critics on social media
Click to see story on The Detroit News
Supreme Court tackles social media cases
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Supreme Court considers when the government can block followers on social media
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Click to see story on WPTZ
Supreme Court considers when the government can block followers on social media
Click to see story on WMTW
Supreme Court considers when the government can block followers on social media
Click to see story on WVTM
Supreme Court weighs whether government officials can block people on social media
Click to see story on WTEN
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Supreme Court considers when the government can block followers on social media
Click to see story on WAPT
US Supreme Court weighs if public officials can block critics on social media
Click to see story on Devdiscourse
Supreme Court considers when the government can block followers on social media
Click to see story on KOAT
Supreme Court considers when the government can block followers on social media
Click to see story on KWWL
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on KOB 4
Supreme Court weighs whether government officials can block people on social media
Click to see story on WFLA-TV
Supreme Court weighs whether government officials can block people on social media
Click to see story on WCBD
Poway Case About Public Officials Blocking Constituents on Social Media Heard in Supreme Court
Click to see story on Times of San Diego
Supreme Court to wade into social media free speech firestorm
Click to see story on KFOR-TV
Supreme Court considers when the government can block followers on social media
Click to see story on WPBF
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Daily Freeman
Supreme Court considers when the government can block followers on social media
Click to see story on WGAL
Supreme Court considers when the government can block followers on social media
Click to see story on WXII
High court weighs whether officials may block critics on social media
Click to see story on SentinelSource.com
Supreme Court considers when the government can block followers on social media
Click to see story on waaytv.com
Supreme Court considers when the government can block followers on social media
Click to see story on KSBW
Supreme Court ponders consequences of letting officials block critics on social media
Click to see story on Roll Call
Supreme Court weighs whether government officials can block people on social media
Click to see story on MYSTATELINE
Supreme Court considers when the government can block followers on social media
Click to see story on abc12/WJRT
Supreme Court considers when the government can block followers on social media
Click to see story on WJCL
Supreme Court weighs whether government officials can block people on social media
Click to see story on TRISTATEHOMEPAGE
Supreme Court considers when the government can block followers on social media
Click to see story on KHBS
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on The Pottstown Mercury
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Daily Local News
Supreme Court weighs whether government officials can block people on social media
Click to see story on WNTZ – cenlanow.com
US Supreme Court Weighs Whether Public Officials Can Block Critics on Social Media – News Facts Network
Click to see story on News Facts Network
Click to close
US Supreme Court weighs if public officials can block critics on social media
Click to see story on Times of India
The Supreme Court Takes Up Social Media Cases Similar To One About Donald Trump’s Twitter Feed
Click to see story on News18 India
Supreme Court grapples with First Amendment rights of public officials, constituents on social media
Click to see story on Washington Times
US Supreme Court weighs if public officials can block critics on social media
Click to see story on Malay Mail
The Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on Boston Herald
Supreme Court wrestles with social media cases that have echoes of Donald Trump
Click to see story on OC Register
Supreme Court considers whether public officials can block online critics
Click to see story on justthenews.com
US Supreme Court weighs if public officials can block critics on social media
Click to see story on UnionLeader.com
Click to close
Far
Right
+0
Click to close
Untracked Bias
The Supreme Court takes up social media cases similar to one about Donald Trump’s Twitter feed
Click to see story on My Mother Lode
Supreme Court considers when the government can block followers on social media
Click to see story on mor-tv.com
Supreme Court takes up social media cases similar to one about Trump’s Twitter feed
Click to see story on tnledger.com
Click to close
89 other sources covering this story
Total News Sources
89
Leaning Left
18
Center
58
Leaning Right
10
Last Updated
6 months ago
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