Supreme Court sets rules on when public officials can block social media users

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The Supreme Court laid out a new test for determining when actions taken by government employees on social media constitute official business verses personal conduct.

-- such as posting messages, deleting comments or blocking users -- constitute official business verses personal conduct.

"When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private," wrote Justice Amy Coney Barrett in a. "We hold that such speech is attributable to the state only if the official possessed actual authority to speak on the state's behalf, and purported to exercise that authority when he spoke on social media.

"Private parties can act with the authority of the state, and state officials have private lives and their own constitutional rights," Barrett wrote. "Categorizing conduct, therefore, can require a close look."- Kevin Lindke - who sued Port Huron City Manager James Freed after comments Lindke posted to Freed's Facebook page were deleted and his access to the page was blocked entirely.

In recent years, there has been a growing number of disputes involving public officials allegedly silencing or censoring their critics online.

 

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