Share this @internewscast.com

WASHINGTON — The Supreme Court is delving into a legal issue left unresolved when then-President Donald Trump prevented critics from following his posts on Twitter: whether public officials can be sued for blocking or muting unwelcome voices.

The justices are hearing oral arguments in two cases involving school board members in Southern California and a city manager in Michigan. While the officials are far less prominent than Trump, the legal dispute is the same as in the claim he faced — namely, does blocking someone on social media give rise to a free speech violation under the Constitution’s First Amendment?

At issue is whether a public official’s posts and other social media activity constitutes part of their governmental function. If it does, then blocking someone from following an official could constitute “state action” that could give rise to a constitutional claim.

With public officials increasingly use social media to interact directly with voters, the Supreme Court’s ruling will set the rules of the road for future cases.

Trump was sued while serving as president, with the courts ruling against the president, noting that he often used his Twitter account to make official announcements. But that lawsuit was tossed out as moot once he left office in January 2021. At that point, Twitter had disabled Trump’s account, although the company’s new owner, Elon Musk, has since reversed course as part of a major overhaul that has included changing the social media site’s name to X. In other disputes, however, courts have reached differing conclusions.

The California case arose after two members of the Poway Unified School District Board of Trustees, Michelle O’Connor-Ratcliff and T.J. Zane, blocked parents Christopher and Kimberly Garnier from commenting on their Facebook page in 2017. O’Connor-Ratcliff also prevented Christopher Garnier from responding to her Twitter posts. Zane has since left office.

While the Garniers’ comments were lengthy and repetitive, they were not profane or violent, the San Francisco-based 9th U.S. Circuit Court of Appeals found in a 2022 ruling for the couple that upheld a similar decision from a federal judge in the Southern District of California. The appeals court concluded that the elected officials were acting in their official capacities.

The dispute in Michigan began in March 2020 when Port Huron City Manager James Freed, whose Facebook page described him as a “public figure,” posted information there about the city’s efforts to deal with the Covid-19 pandemic. After resident Kevin Lindke posted comments criticizing the city’s response, Freed blocked him.

Freed argue that the no-longer-active Facebook page was a personal page that he used to share pictures of his family and comment on his daily activities. The 6th U.S. Circuit Court of Appeals, upholding a lower court decision, agreed in June of last year, ruling that Freed was not acting in his official capacity and thus his Facebook activity did not constitute state action.

The Biden administration has filed briefs backing the officials, taking a similar position as the Trump administration did over Trump’s Twitter account.

Solicitor General Elizabeth Prelogar wrote in court papers that public officials are engaging in state action only when using a private service like a social media platform to take government actions.

She argued that “merely being a public official is not sufficient to establish that the official has engaged in state action.”

The two cases being argued Tuesday are part of a set of social media-related free speech issues that the court is wrestling with in its current term, which runs until June.

Later in the term, the justices will hear oral arguments on the constitutionality of Republican-backed laws in Florida and Texas that would prevent social media companies from banning users for contentious rhetoric.

The court will also weigh claims that the Biden administration has unlawfully put pressure on social media platforms to remove certain content, a form of coercion dubbed “jawboning.”

Share this @internewscast.com
You May Also Like
China moves into Venezuela as Maduro regime gets Beijing lifeline amid US tensions

China Strengthens Ties with Venezuela: Maduro Secures Key Support Amid US Strain

Venezuela’s Maduro accuses US of starting ‘eternal war’ Daniel Di Martino, a…
Civil rights activist Rev. Jesse Jackson hospitalized at Northwestern Hospital in Chicago, Rainbow PUSH Coalition and sources say

Rev. Jesse Jackson Hospitalized in Chicago: Civil Rights Leader Under Care at Northwestern Hospital, Confirms Rainbow PUSH Coalition

CHICAGO — Renowned civil rights leader Rev. Jesse Jackson is currently receiving…
The last-ever penny has been minted in Philadelphia Wednesday

Philadelphia Marks Historic Milestone with Final Penny Minting on Wednesday

PHILADELPHIA — The iconic American penny, after a long and storied journey,…
Two brothers who survived the Parkland shooting hurt after Ybor City crash

Parkland Shooting Survivors and Brothers Injured in Ybor City Collision

On Friday night, Connor and Brandon Dietrich, along with their close friend…
Blue state judge releases murder suspect without making him pay a cent in bail, despite gang allegations

Judge in Democratic State Releases Murder Suspect on Zero Bail Amidst Gang Allegations

A judicial decision in California has stirred controversy as a judge released…
Nigerian Christian leader calls Trump's spotlight on violence in Nigeria an 'answered prayer'

Nigerian Christian Leader Praises Trump’s Focus on Nigeria’s Violence as a “Blessing

The leader of a Nigerian mission has expressed that President Donald Trump’s…
NYC Council speaker candidate Crystal Hudson took real estate cash despite pledge

NYC Council Candidate Crystal Hudson Faces Scrutiny for Accepting Real Estate Contributions Despite Pledge

Brooklyn Councilwoman Crystal Hudson, a prominent contender in the upcoming City Council…
Matching family pajamas: 12 Christmas and holiday options for everyone in the family, including pets

12 Festive Family Pajama Sets: Perfect Holiday Picks for Everyone, Including Pets

As part of various affiliate marketing programs, Localish may earn commissions on…
Trump Reopens Government After 43 Days of Democrat Shutdown

Trump Ends Historic 43-Day Government Shutdown: A Turning Point in Partisan Negotiations

In a decisive move to end the prolonged government shutdown, President Donald…
Golden Bachelor Finale: Mel finds love with Peg

Golden Bachelor Finale Surprise: Mel Chooses Peg as His Heart’s True Match

The anticipation for the “Golden Bachelor” finale reached its peak as viewers…
Deadly explosions in India and Pakistan occur within 24 hours — at least 20 dead

Tragic Explosions in India and Pakistan Claim Over 20 Lives Within 24 Hours

In a tragic turn of events, twin explosions in India and Pakistan…
Flashback: Ben Shapiro Supported Harsh Jan. 6 Prison Sentences

Ben Shapiro’s Surprising Stance on January 6 Sentences Revealed

Looking back to 2021, conservatives need to remember where Ben Shapiro stood…