Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Can a public official block citizens on social media? The Supreme Court will decide

Can a public official block citizens on social media? The Supreme Court will decide

The Supreme Court building.

Casey He

Casey He is an undergraduate student journalist for Medill on the Hill, a program of Northwestern University in which students serve as mobile journalists reporting on events in and around Washington, D.C.

WASHINGTON – The Supreme Court heard oral arguments in late October in a case that could define how government officials can use social media. The justices posed a wide variety of hypotheticals to lawyers from both parties to test different legal theories, but they did not appear to have reached a consensus after almost two hours.


The case, O’Connor-Ratcliff v. Garnier, revolves around the question of whether public officials were acting in their official capacity when they blocked critics from making comments on their Facebook and Twitter accounts, thus allegedly violating the public’s First Amendment rights to free speech and to petition the government.

Christopher and Kimberly Garnier, parents of three children in the Poway, Calif., school district, sued school board members Michelle O’Connor-Ratcliff and T.J. Zane after they had blocked the parents on social media for posting repeated criticisms. In responses to O’Connor-Ratcliff’s and Zane’s posts, the Garniers complained about allegations of financial mismanagement and incidents of racism in the school district.

The Garniers alleged that by blocking them on social media, the school board members engaged in "state action" that violated the parents’ First Amendment rights to communicate with and petition the officials. Both a federal district court and the U.S. Court of Appeals for the 9th Circuit ruled in favor of the Garniers.

O’Connor-Ratcliff and Zane appealed to the Supreme Court, which is considering a related case cited by the attorney for the school board members. In Lindke v. Freed, the U.S. Court of Appeals for the 6th Circuit ruled that James Freed, the city manager of Port Huron, Mich., did not violate the First Amendment by blocking city resident Kevin Lindke, who posted critical comments on Freed’s Facebook page. The appellate court said that managing the social media account was not part of Freed’s official duties. In April, the Supreme Court agreed to hear both cases.

During Tuesday’s oral argument, Hashim Mooppan, the attorney for the school board members, argued that the Supreme Court should adopt the “authority or duty” test the federal circuit court applied in Lindke v. Freed. The test holds that if a public official did not use social media to further their official duty and did not use government staff or resources, then the activity is not considered “state action.”

For example, officials have a duty to announce new rules and regulations, and by posting the information exclusively on their social media, their actions would constitute state action. But if an official is sharing information available in other places private citizens may access or is making public service announcements, then those social media activities should not qualify as state action, since a private citizen can make the same posts, Mooppan said.

Justice Clarence Thomas asked if the situation would be different if the exchanges between the school board members and the parents took place on a school board website, rather than social media. In that case, Mooppan said the board members’ action would constitute state action, because operating the school board website falls under their official authority.

But because the board members created their social media accounts for their campaigns and operated them personally, the actions they’ve taken – including deleting the comments from the Garniers and eventually blocking them – do not constitute state action, he argued.

Justice Ketanji Brown Jackson asked whether the officials should be required to post a disclaimer if their account is for private use. But Mooppan said such a requirement will lead to officials censoring themselves on social media, and if the requirement comes from the government, it will infringe on the First Amendment rights of the officials themselves.

Pamela Karlan, the attorney for the Garniers, said the purpose of the case is not to challenge the public officials’ speech but whether their social media use constitutes state action.

If the court were to adopt the “authority or duty” test, Karlan said, the definition of duty needs to be significantly expanded to include not just state and local laws but also organization bylaws, handbooks and other long-standing customs.

She said the school board members frequently relay information related to their official duties to their constituents through social media, including posts about visiting classrooms during instruction, which a private citizen has no authority to do.

Justice Samuel Alito said he thinks the standard Karlan proposes is too broad. He said he has heard from officials who are “always on call” and “always being approached by constituents,” even when they are off-duty.

Unlike a government official “pushing the shopping cart down the aisle” in a grocery store and stopping to speak to a resident, the school board members created social media accounts as an “ongoing site” to disseminate information and communicate with constituents. That qualifies their activities as state action, Karlan said.

Justice Elena Kagan acknowledged the complexity of the case. The court’s decision, she said, will need to balance First Amendment interests on both sides.

“Just as there may be First Amendment interests in protecting the private speech of government employees, there are also First Amendment interests in enabling citizens to access the important parts of their government,” Kagan said.

This is not the first case before the Supreme Court involving government officials blocking critics on social media. In 2017, the Knight First Amendment Institute filed a lawsuit against then-President Donald Trump and his aides after they blocked seven individuals who criticized the administration.

The lower courts ruled in favor of the Knight Institute. However, in 2021, the Supreme Court intervened and dismissed the case, arguing that it was moot since Trump was no longer the president. Thomas, in his opinion, noted that this case "highlights the principal legal difficulty” of “applying old doctrines to new digital platforms.”

David Greene, an attorney at the digital rights group Electronic Frontier Foundation, said prior to oral arguments that he does not see significant factual differences between the two cases heard on Tuesday and expects the Supreme Court to set one set of standards for both cases.

EFF filed an amicus brief in support of the Garniers and Lindke. Greene said government officials have created a public forum by engaging with their constituents on social media, whether their accounts are labeled as official or personal. Deleting comments from certain constituents or blocking them, he contended, violated their First Amendment rights to participate in the forum.

Garnier is one of five cases the Supreme Court will hear this term related to social media. The court is expected to rule next summer on the constitutionality of Texas and Florida laws that regulate the extent to which social media companies can control content on their platforms. Additionally, it will address the legal dispute between Republican state attorneys general and the Biden administration over the federal government’s role in content moderation.

“This really gives the court an opportunity to define what is the government's role with respect to social media both as a regulator and as a user, and that's going to be highly important,” Greene said.


Read More

Vote pins

Vote pins

Photo provided

Sharp Gender Divide Among Latino Voters

A new analysis from the UCLA Latino Policy and Politics Institute (LPPI) and the UC Berkeley Institute of Governmental Studies (IGS) reveals significant political differences between Latinas and Latino men in California — especially among younger voters and those without bachelor’s degrees. The findings, drawn from the May 2026 Berkeley IGS Poll of 1,912 Latino registered voters, challenge the notion that California’s Latino electorate behaves as a single political bloc.

California Latinas are more likely than Latino men to prioritize protecting immigrant communities, opposing the Trump administration’s agenda, and defending democracy and voting rights. According to the report, 69% of Latinas say protecting immigrant communities is “very important,” compared with 52% of Latino men. On “fighting the Trump agenda,” the gap is identical: 68% of Latinas versus 51% of Latino men. Democracy and voting rights receive the strongest support across both groups, with 87% of Latinas and 77% of Latino men rating the issue as very important.

Keep ReadingShow less
unrecognizable businessman giving speech to professional audience

Brain science explains why voters reward charisma over results — and why the leaders who "fix" the most get credit for the least. A behavioral look at elections.

alvaro gonzalez/Getty Images

The Résumé Should Outvote the Smile

There's an old joke about a couple who finally solved years of arguing over decisions. "Since you're the man of the house," the wife said, "you handle the big things -- our stance on foreign wars, who we send to the Senate. I'll take care of the small stuff: groceries, the mortgage, where we live, what we eat." The husband agreed happily, certain he had won the better half of the deal. A few years later he realized the trade had gone entirely the other way. He held forth on geopolitics at dinner parties while his wife quietly ran every detail that actually touched his life: what he ate, where he lived, how his money was spent. What looked like ultimate authority was, in practice, near-total abdication over the things that shaped his days.

Voters make the same trade, and pay for it the same way. We keep hiring leaders for the qualities we would want in a spouse -- warmth, charm, a commanding voice, the sense that they see us -- instead of the qualities we would want in a mechanic: someone who can find what is broken and fix it before the whole system fails. We evaluate candidates the way we choose intimate partners, not the way we hire people to run complex, high-stakes systems.

Keep ReadingShow less
Gavel on top of binders

A full rundown of this week's congressional action: 7 bills headed to the President, a stalled data center bill, and the votes lawmakers wanted on record.

May Lim / 500px/Getty Images

House Crams in Votes Before Extended Break

The House wasn’t expected to stay in session past this week and, in fact, they left a day early after Rep. Massie (R-KY4) introduced an impeachment resolution against Secretary of Defense Pete Hegseth. Nonetheless, they powered through many more votes than usual. We’ll cover the seven soon-to-be new laws and the bills of interest we highlighted in this week’s preview. As is its usual function, the Senate mostly acted as a break on legislation that had passed the House.

New Laws

These bills have all passed both chambers in identical form, so they next go to the President for signing.

Keep ReadingShow less