Social mediaSocial media has become an integral part of many people’s lives. On FacebookFacebook, Instagram, Snapchat, TikTok, and X (formerly known as Twitter), millions of Americans log on every day to find news, comment on issues, and publish information about their lives. These platforms have become, as the Supreme Court opined in Packingham v. North Carolina (2017), “the most important places (in a spatial sense) for the exchange of views” today, as they are “the modern public square.” This is also true for public officials, who might use social mediaSocial media for many purposes, including communicating with constituents, appealing to voters, and sharing personal content with family and friends. When a public official deletes another user’s comments from that official’s social media page or blocks a user’s account entirely, does it violate the First AmendmentFirst Amendment? This was at issue in Lindke v. Freed and O’Connor-Radcliff v. Garnier. The answer lies, in part, in whether the public official was engaged in state actionState action when preventing someone from posting on that official’s page.

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Lindke v. Freed & O’Connor-Radcliff v. Garnier: State Action & the First Amendment

  • Eric T. Kasper

摘要

Social mediaSocial media has become an integral part of many people’s lives. On FacebookFacebook, Instagram, Snapchat, TikTok, and X (formerly known as Twitter), millions of Americans log on every day to find news, comment on issues, and publish information about their lives. These platforms have become, as the Supreme Court opined in Packingham v. North Carolina (2017), “the most important places (in a spatial sense) for the exchange of views” today, as they are “the modern public square.” This is also true for public officials, who might use social mediaSocial media for many purposes, including communicating with constituents, appealing to voters, and sharing personal content with family and friends. When a public official deletes another user’s comments from that official’s social media page or blocks a user’s account entirely, does it violate the First AmendmentFirst Amendment? This was at issue in Lindke v. Freed and O’Connor-Radcliff v. Garnier. The answer lies, in part, in whether the public official was engaged in state actionState action when preventing someone from posting on that official’s page.