The Supreme Court ruled Friday that public officials may block people on social media in certain circumstances, tossing aside challenges against local government officials in Michigan and California who blocked followers who were critical of them on Facebook, CNN reported.
In an unanimous opinion written by Justice Amy Coney Barrett, the court set a clearer standard for when public officials are state actors online and when they can have more control over their social media presence. A second opinion dealing with a related dispute was unsigned and there were no noted dissents.
According to CNN, in an era when public officials often communicate with voters through social media, the cases raised important First Amendment questions about whether those pages were private or whether they are an extension of the government. Some of the pages included information that appeared official alongside personal posts showing the family dog.
“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,” Barrett wrote.
ArsTechnica posted a headline: “Public officials can block haters — but only sometimes, SCOTUS rules.” There are some circumstances where government officials are allowed to block people from commenting on their social media pages, the Supreme Court said.
According to the Supreme Court, the key question is whether officials are speaking as private individuals or on behalf of the state when posting online. Issuing two opinions, the Supreme Court declined to set a clear standard for when personal social media use constitutes state speech, leaving each unique case to be decided by lower courts.
Instead, SCOTUS provided a test for courts to decide first if someone is or isn’t speaking on behalf of the state on their social media pages, and then if they actually have authority to act on what they post online.
The ruling suggests that government officials can block people from commenting on personal social media pages where they discuss official business when that speech can not be attributed to the state and merely reflects personal remarks. This means that blocking is acceptable when the official has no authority to speak for the state or exercise that authority when speaking on their page.
NBC News reported the Supreme Court ruled Friday that members of the public in some circumstances can sue public officials for blocking them on social media platforms, deciding a pair of cases against the backdrop of former President Donald Trump’s contentious and colorful use of Twitter.
The court ruled unanimously that officials can be deemed “state actors” when making use of social media and can therefore face litigation if they block or mute a member of the public.
In ruling that it can, the court found that blocking someone from following an official constitutes a government action that could give rise to a constitutional claim under the Constitution’s First Amendment, which protects free speech.
In my opinion, we might see less posts from public officials on social media, considering the SCOTUS decision. That said, it is unclear to me if SCOTUS is requiring “state actors” to put up with angry people on social media.