News & Analysis as of

Public Officials Facebook Social Media

Tucker Arensberg, P.C.

Supreme Court Addresses Social Media Usage by a Public Official

Lindke v. Freed, 2024 U.S. LEXIS 1214 (2024) (A public official who blocks someone from commenting on the official’s social-media page engages in state action under 42 U.S.C. § 1983 only if the official both 1) possessed...more

Rumberger | Kirk

SCOTUS Clarifies Scope of Social Media Liability for Public Officials

Rumberger | Kirk on

On March 15, 2024, the United States Supreme Court handed down its decisions in Lindke v. Freed and O’Connor-Ratcliff v. Garnier, two similar cases which broadly asked when public officials may be liable for their use of...more

Tucker Arensberg, P.C.

Commonwealth Court Establishes New Test to Determine if Social Media Posts Are Subject to a Rtkl Request

Tucker Arensberg, P.C. on

Penncrest School District. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023). The Commonwealth Court of Pennsylvania establishes a three-part test that must be used to determine if an individual’s social media post is a record of an...more

Saiber LLC

The Supreme Court Gets a Second Shot at an Important First Amendment and Social Media Issue

Saiber LLC on

The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the...more

Wilson Sonsini Goodrich & Rosati

Second Circuit Affirms That President Trump Cannot Block Critics on Twitter

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

Hogan Lovells

Practical Pointers: Social Media Guidelines for Public Officials (and the People who Advise Them)

Hogan Lovells on

Social media has transformed the ways legislators and their staff interact with constituents. Through social media platforms, our elected officials share insights into the legislative process, communicate with constituents,...more

Faegre Drinker Biddle & Reath LLP

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

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

Poyner Spruill LLP

Politicians in Cyberspace: Fourth Circuit Holds That First Amendment Bars Officials From Blocking Users On Social Media

Poyner Spruill LLP on

The Fourth Circuit has held that a Virginia politician who temporarily barred a constituent from her Facebook page violated the First Amendment. The ruling is the first appellate guidance analyzing the knotty issue of whether...more

Best Best & Krieger LLP

The Public Square Has Gone Online - BB&K Attorneys Christine Wood And HongDao Nguyen Write About Public Officials’ Social Media...

Social media is the modern-day public square. Facebook, Twitter and other social media platforms have effectively harnessed technology to turn communication into an interactive dialogue — fundamentally shifting the way...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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