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Government Officials Social Media First Amendment

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

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The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Dorsey & Whitney LLP

The Supreme Court Update - June 26, 2024

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The Supreme Court of the United States issued two decisions today: Murthy v. Missouri, No. 23-411: This case involves challenges to federal government communications with social media companies related to content...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murthy v. Missouri

On June 26, 2024, the U.S. Supreme Court decided Murthy v. Missouri, No. 23-411, holding that neither the individual plaintiffs nor the state plaintiffs established standing to seek an injunction prohibiting governmental...more

Harris Beach PLLC

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

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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

Franczek P.C.

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

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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

Clark Hill PLC

When Can Public Sector Employees Restrict Speech on Social Media? Supreme Court Weighs In

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James Freed, like millions of other Americans, maintained a private Facebook page where he posted updates about his personal life. After he became the City Manager for Port Huron, Michigan, Freed would occasionally post...more

Cranfill Sumner LLP

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

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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

Nossaman LLP

Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

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In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more

Best Best & Krieger LLP

When Can a Government Official Limit Comments or Block Users on Social Media?

In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook page. This depended on...more

Bricker Graydon LLP

Supreme Court Issues First in a Series of Social Media Cases Affecting the Public Sector

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On March 15, 2024, the United States Supreme Court issued a much-awaited decision on two cases that now create guardrails on when government officials can and cannot block private citizens from social media accounts....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

Epstein Becker & Green

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

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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

Sands Anderson PC

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

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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

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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

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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

Tucker Arensberg, P.C.

Federal Court Holds That Banning a Commenter From a Public Official’s Public Facebook Page Violates the Commenter’s Right to Free...

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Davison v. Loudoun County Bd. of Supervisors, 1:16CV932 (JCC/IDD), 2017 WL 3158389 (E.D. Va. July 25, 2017). The District Court for the Eastern District of Virginia issued a declaratory judgment holding that an elected...more

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