Supreme Court lays out new test for determining when public officials can be sued for blocking users on social media

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The Supreme Court outlined in a unanimous opinion a new test for when a public official can be sued for blocking users on social media.

Washington — The Supreme Court on Friday clarified when a public official who blocks a constituent on social media may be sued for doing so. It sent a pair of disputes over whether local officials crossed a constitutional line when they blocked users for Facebook comments back to lower courts for further proceedings.

Court of Appeals for the 6th Circuit affirmed the lower court's decision and laid out a 'duty-or-authority test,' under which social media activity would be subject to constitutional scrutiny only if it is conducted in furtherance of governmental 'duties' or where the activity depends on 'state authority.'Freed, the court said, was acting in his personal capacity and had not engaged in state action.

 

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