News & Analysis as of

Government Officials Lindke v Freed State Action Doctrine

Franczek P.C.

How to Identify State Action in the Context of Public Officials Using Social Media

Franczek P.C. on

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal...more

Cranfill Sumner LLP

Anti-Social Media Behavior, Free Speech and Governmental Liability II –Supreme Court Ruling in Lindke v. Freed

Cranfill Sumner LLP on

In my prior article, I discussed Lindke v. Freed, in which a social media user brought action under § 1983 against a city manager, alleging that the manager violated the user’s First Amendment rights by deleting his comments...more

Morrison & Foerster LLP - Social Media

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

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

Sands Anderson PC

Social Media Posts by Government Officials: Traps for the Unwary After Lindke v. Freed

Sands Anderson PC on

Everyone on social media at some point has to figure out how they’re going to use it. Will their account be public?  Will they post information about family? Current events? Religion? Politics? If the account’s not open to...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

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

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

Cranfill Sumner LLP

Anti-Social Media Behavior, Free Speech and Governmental Liability: I – Lindke v. Freed

Cranfill Sumner LLP on

In April 2023, the U.S. Supreme Court granted certiorari to a pair of cases dealing with the intersection of free speech, social media, and governmental liability.  Both cases deal with § 1983 actions against governmental...more

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