Public agencies that block users on networks can be prosecuted in the US

A Supreme Court of the United States It decided on Friday (March 15, 2024) that public agencies can be sued if they block users on their social media profiles. This issue reached its last instance in the country due to 2 cases:

• Lindke vs. released – Release of James Updated its Facebook page in 2014 “City Manager” From Port Huron (Michigan). He used the profile to post about his personal and professional life Feedback Society on some issues. Kevin Lindke criticized the behavior of local authorities in the Covid pandemic. Freed deleted the comments and blocked the user. Lindke sued Freed, but lost. A North American court has understood that side is private;
• O'Connor-Ratfliff vs. Garnier – Michael O'Connor-Radcliffe Coordinating created a Facebook page to promote its campaign School Board in Poway (California). The profile was used to inform people about the group's work. Christopher and Kimberly Garnier, parents of students enrolled in Poway schools, began posting repeated reviews on the pages. Comments were first deleted. Later, Garniers was blocked. The couple sued the consultant and claimed their rights were guaranteed 1st Amendment violated. It was successful. The court found that O'Connor-Radcliffe's profiles constituted a public forum.

Judge Amy Coney Barrett wrote on behalf of the court.

Public agents who use their profiles to issue official statements may not have the freedom to delete comments or block critical users — and in this case, they must allow inconsistency or face prosecution, he said.

However, Barrett also declared that these same public officials have their private lives and constitutional rights, including those guaranteed by the 1st Amendment to speak about and carry out their jobs. “Editorial Control” About what is said on their personal platforms.

Making this distinction is not easy, the minister said: “When a public official posts something work-related on social media, it's hard to tell if it's a public or private statement.”.

The US Supreme Court sent both cases back to lower courts and ordered a retrial based on ministerial rules. According to Here The full decision of Lindke v. Released (PDF – 134 kB) and Here The full decision in the case of O'Connor-Ratfliff vs. Garnier (PDF – 56 kB).