The cases force the court to deal with the competing free speech rights of public officials and their constituents, and all in a rapidly evolving virtual world.wrestled Tuesday with whether public officials can block critics from commenting on their social media accounts, an issue that first arose in a case involving
"More and more of our democracy operates on social media,” Justice Elena Kagan said during three hours of arguments. Tuesday’s cases delving into the common use of social media by public officials are less overtly partisan. But they are similar to a case involving Trump and his decision to block critics from his personal account on Twitter, now known as X. The justices dismissed the case after Trump left office.
The justices did seem to agree that they should provide a clear legal standard, though where they would come down was unclear. The other case involved James Freed, who was appointed Port Huron ’s city manager in 2014. Freed used the Facebook page he first created while in college to communicate with the public, as well as recount the details of daily life.
Several justices seemed dissatisfied with the administration's approach. “To make so much turn on who owns the Facebook page seems quite artificial,” Justice Samuel Alito said.
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