The Supreme Court heard arguments Tuesday over whether the 1st Amendment helps or hurts public officials who use their personal Facebook pages to communicate with constituents—and sometimes block their critics. The justices heard an appeal from two San Diego-area school board members who were sued for violating the free-speech rights of a parent.
The 9th Circuit Court in San Francisco ruled the school board members took official action and were bound by the 1st Amendment. “They clothed their pages in the authority of their offices and used their pages to communicate about their official duties,” said Judge Marsha Berzon. The board members appealed and urged the justices to overturn the 9th Circuit’s ruling, which sets the law for public officials throughout California and the western states.
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