Social Media Use for Public Officials: A CLEO Virtual Event
Can a public official block comments on their social media pages? When is an official’s actions on social media considered private action versus state action?
California Policy Center attorney Julie Hamill provides an overview of the recent U.S. Supreme Court decision in Lindke v. Freed.
In Lindke, the Court evaluated the question of when social media use crosses the line from private action to state action, for which a public official can be held liable under 42 U.S.C. Section 1983 (“Section 1983”). Julie reviews the two-part test established by SCOTUS to determine whether a public official who prevents someone from commenting on the official’s social media page engages in state action.
For an excellent overview of the Lindke decision as well as the related case O’Connor-Ratcliff v Garnier, be sure to read Julie’s explainer here. Julie writes, “Contrary to hot takes on the Internet, this decision does not mean every elected official is liable for a Section 1983 violation if they block people on social media. If it did, SCOTUS would have said so instead of sending Garnier back to the Ninth Circuit for further proceedings consistent with the Lindke v. Freed test.”