The High Court Report31 Okt 2023

Oral Arguments: Lindke v. Freed | Case No. 22-611 | Date Argued: 10/31/2023 | Date Decided: 3/15/24

Case Info: Lindke v. Freed | Case No. 22-611 | Date Argued: 10/31/2023 | Date Decided: 3/15/24

Background: Courts have increasingly been called upon to determine whether a public official who selectively blocks access to his or her social media account has engaged in state action subject to constitutional scrutiny. To answer that question, most circuits consider a broad range of factors, including the account's appearance and purpose. But in the decision below, the court of appeals rejected the relevance of any consideration other than whether the official was performing a "duty of his office" or invoking the "authority of his office."

Question Presented: Whether a public official's social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.

Holding: A public official who prevents someone from commenting on the official's social-media page engages in state action under 42 U.S.C. § 1983 only if the official both (1) possessed actual authority to speak on the state's behalf on a particular matter, and (2) purported to exercise that authority when speaking in the relevant social-media posts.

Result: Vacated and remanded.

Voting Breakdown: 9-0. Justice Barrett delivered the opinion for a unanimous Court.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Allon Kedem, Washington, D.C.
For Respondent: Victoria R. Ferres, Port Huron, Mich.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as Amicus Curiae.)

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