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First Amendment › Social Media › Right to Delete

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Cozen O'Connor

GOP AGs & DOJ Choreograph Separate Actions Against TikTok

Cozen O'Connor on

A group of 21 Republican AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in TikTok Inc. v. Merrick Garland, No.24-1113, in support of the U.S. DOJ and urging the court to deny the petition for...more

Harris Beach PLLC

U.S. Supreme Court Rules on Public Officials and Social Media

Harris Beach PLLC on

Public officials should proceed with caution when using social media. The United States Supreme Court, in a recent unanimous decision, articulated a two-part test to determine when a public official’s social media account...more

Morrison & Foerster LLP - Social Media

Supreme Court Clarifies The Boundaries Of Public Official Liability On Social Media

Morrison & Foerster LLP - Social Media on

In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public...more

Epstein Becker & Green

Public Officials Subject to Suits for Blocking Social Media Critics, “Safety Valve” Relief from Mandatory Minimums Is Limited -...

Epstein Becker & Green on

On Friday, March 15, a unanimous Supreme Court decided two companion cases (Lindke v. Freed and O’Connor-Ratcliff v. Garnier) that resolved a split in the Circuits concerning whether public officials can be held liable under...more

Fox Rothschild LLP

Public Official’s Use of Social Media May Trigger First Amendment Scrutiny

Fox Rothschild LLP on

The U.S. Supreme Court has established guidelines for determining when a public official’s use of a private social media platform such as Facebook, X or Nextdoor constitutes public speech that cannot be censored. State and...more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Issues Key Decisions on Public Officials’ Use of Social Media and Ability to Block Commenters

Holtzman Vogel Baran Torchinsky & Josefiak on

On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more

Sherman & Howard L.L.C.

Supreme Court of the United States Allows Constitutional Claim Against Public Officials For Social Media Activity

Sherman & Howard L.L.C. on

In Lindke v. Reed, the Supreme Court of the United States (SCOTUS) issued an opinion holding that social media activity can constitute state action for purposes of a claim under 42 U.S.C. § 1983. The Court held that “[f]or...more

Wilson Sonsini Goodrich & Rosati

Second Circuit Affirms That President Trump Cannot Block Critics on Twitter

Wilson Sonsini Goodrich & Rosati on

In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Holds That Blocking Users’ Access To Presidential Twitter Account Violates First Amendment

Faegre Drinker Biddle & Reath LLP on

On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First...more

Jackson Walker

The First Amendment and Social Media Commentary

Jackson Walker on

Social media platforms like Facebook and Twitter typically allow users to delete unwanted commentary or block others with whom they disagree from posting on the user’s page or post. The subject matter of the offending...more

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