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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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

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

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

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

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

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