Get the latest tech news

Supreme Court defines when it’s illegal for public officials to block social media critics

Adding disclaimers could help officials overcome liability.

In an opinion signed by Justice Amy Coney Barrett, the Supreme Court established a test to determine when a public official can be considered to be engaging in state action in blocking someone from their social media account. The test creates a new way to determine if an official can be held liable for violating a citizen’s First Amendment rights through actions on their social media pages. Dhillon Law Group partner Gary Lawkowski said in an emailed statement about the new ruling that “the biggest impact of this opinion may not be the formal test set forth in its holding—rather, its language buried in the opinion that effectively creates a safe harbor for public officials who place disclaimers on their social media accounts, providing an easy way for public officials to stay on the ‘personal’ side of the law going forward.”

Get the Android app