The U.S. Supreme Court to Hear Cases on Public Officials Blocking Citizens on Social Media
The U.S. Supreme Court is set to hear two lawsuits on Tuesday that will examine whether public officials can block citizens from their social media accounts and if such actions violate First Amendment rights.
The cases, originating from California and Michigan, center around public officials blocking citizens who made critical comments on their social media pages. The lower courts have issued conflicting rulings on both cases. In California, an appeals court ruled that the officials violated citizens’ First Amendment rights by blocking them. However, in Michigan, an appeals court ruled that the official in question was not at fault.
The Biden administration has taken the side of the public officials, with the Department of Justice (DOJ) arguing that there should be a distinction between officials’ personal and public lives. The DOJ emphasized that the government does not own or control the social media accounts involved in the lawsuits.
In an interview with CBS News, Katie Fallow, senior counsel at the Knight First Amendment Institute, highlighted the key issue at stake in these cases: whether public officials can discriminate against individuals based on their viewpoints by blocking or deleting their comments on social media.
She emphasized the real-world impact of these cases, stating that they will affect free speech, the public sphere, and the ability to engage in participatory democracy.
The Knight Institute previously brought a similar case against former President Donald Trump for blocking users on Twitter, which is now called X.
Although a federal appeals court deemed President Trump’s actions unconstitutional, the Supreme Court dismissed the case after he left the White House.
The California Case
The first case involves two California public officials from the Poway Unified School District Board of Education—current vice president Michelle O’Connor-Ratcliff and former board member T.J. Zane.
During their election campaigns in late 2014, both officials created public Facebook pages. Ms. Ratcliff also created a public Twitter page before 2017. After being elected, they used these social media accounts to provide updates on board activities.
The logo for social media platform X, following the rebranding of Twitter, is seen covering the old logo in an illustration taken on July 24, 2023. (Dado Ruvic/Illustration/Reuters)
Two parents, Christopher and Kimberly Garnier, whose children were enrolled in the school district, made multiple replies to the officials’ social media posts. Eventually, Ms. Ratcliff and Mr. Zane blocked the Garniers from their Facebook pages, and Ms. Ratcliff also blocked Mr. Christopher from her Twitter page.
The Garniers filed a lawsuit, alleging that the officials violated their First Amendment speech rights by blocking them on what they considered public forums.
The case reached a federal district court, where the officials argued that the school district had no involvement in the creation or maintenance of their social media pages. However, the district court disagreed, noting that the officials presented themselves in an official capacity on their pages and discussed matters related to their positions.
The case then went to the U.S. Court of Appeals for the Ninth Circuit, which upheld the district court’s ruling. Now, the Supreme Court will weigh in on the matter.
Both the officials and the Garniers have presented their arguments to the Court. The officials argue that a public official’s personal social media page should not be considered state action if it does not involve any official duties or rely on state authority.
The Garniers, in their filing, assert that the officials were acting in their capacity as board members when they operated the social media pages and communicated matters related to the board.
The Michigan Case
The second case centers around James Freed, the city manager of Port Huron, Michigan, who deleted comments from citizen Kevin Lindke on his Facebook page. Mr. Lindke’s comments criticized Mr. Freed’s handling of the COVID-19 pandemic, and Mr. Freed also blocked him from the page.
The Facebook page was originally Mr. Freed’s personal profile, which he later converted into a public page and updated to reflect his title as city manager.
Displeased with the deletion of his comments, Mr. Lindke sued Mr. Freed in federal court, alleging a violation of his First Amendment rights. A federal district court ruled in favor of Mr. Freed, and the case was appealed.
In its opinion, the U.S. Court of Appeals for the Sixth Circuit sided with Mr. Freed, stating that his Facebook activity did not constitute state action.
Following the decision, Mr. Lindke brought the case to the Supreme Court, arguing that Mr. Freed designed his Facebook page to resemble a government outlet and used it to carry out public responsibilities.
The Supreme Court will review both cases on Tuesday, providing clarity on the relationship between the government and online platforms under U.S. law.
How might the Supreme Court’s decision in these cases impact the relationship between public officials and citizens in the digital age?
Citing First Amendment rights, the U.S. Supreme Court will soon hear two significant cases regarding the ability of public officials to block citizens on social media platforms. These cases, originating from California and Michigan, have sparked debate on whether public officials infringe upon citizens’ rights by blocking them from their social media accounts.
The lawsuits revolve around instances where public officials blocked individuals for making critical comments on their social media pages. However, lower courts have issued conflicting rulings in these cases. In California, an appeals court found that the officials were indeed in violation of citizens’ First Amendment rights. On the other hand, in Michigan, an appeals court ruled that the official in question was not at fault.
The Biden administration has expressed support for public officials, as the Department of Justice (DOJ) argues that there should be a distinction between officials’ personal and public lives. The DOJ emphasizes that the government does not own or control the social media accounts involved in the lawsuits. This position raises important questions about the rights and responsibilities of public officials on social media platforms.
While social media has become an instrumental tool for public officials to engage with constituents and disseminate information, it has also become a forum for public discourse. As such, the question arises as to what extent officials can limit or control the speech of citizens on their social media platforms. On one hand, officials may argue that they have the right to manage the content on their personal accounts. On the other hand, citizens may contend that by blocking them, officials are limiting their ability to participate in public conversations and denying them their First Amendment rights.
The Supreme Court’s decision in these cases will have far-reaching implications for the relationship between public officials and citizens in the digital age. It will establish precedent and provide clarity on the extent to which public officials can regulate speech on social media platforms. Regardless of the outcome, it is crucial to strike a balance between the rights of public officials to manage their accounts and the rights of citizens to participate in public discourse.
In an era where social media has become a powerful tool for communication and connection, it is imperative to consider the broader implications of blocking citizens on these platforms. The Supreme Court’s rulings will shape the future of social media interactions between public officials and citizens and have a lasting impact on the boundaries of free speech in the digital realm.
As the arguments unfold before the Supreme Court, it is a reminder of the ongoing challenges posed by the rapid evolution of technology and its effects on our democratic processes. The outcome of these cases will not only shape the role of public officials on social media but also contribute to the ongoing conversation on the intersection of technology, freedom of speech, and the First Amendment.
Now loading...