At the Supreme Court, 'First Amendment interests all over the place'

The Supreme Court heard arguments in a case where two local school board members in Poway, Calif., blocked two persistently critical parents from their social media pages.The Supreme Court heard arguments in a case where two local school board members in Poway, Calif., blocked two persistently critical parents from their social media pages.The usually quite certain justices of the U.S.

Justice Sonia Sotomayor pressed lawyer Mooppan further, asking if a school board member's social media page is deemed to be personal, could he"exclude Muslims, Jews, whoever he wanted to exclude... because that's a social account?" Justice Amy Coney Barrett followed up, observing,"I think it's very difficult when you have an official who can in some sense define his own authority." After all, she noted, "My law clerk could just start posting things and say this is the official business of the Barrett chambers, right?"

Karlan replied that when a public official is"clearly off duty, that is ... pushing the shopping cart down the aisle, arguably, they're not doing their job." But, she added,"If they say they're doing their job, then, yes, I would say the starting point is they're state actors," meaning they are exercising the authority of the state and their page is not purely personal.

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