WASHINGTON, March 15 (Reuters) - The U.S. Supreme Court
on Friday in a decision on free speech in the digital age set a
stringent new standard for determining if public officials acted
in a governmental capacity when blocking critics on social media
- a test to be applied in lawsuits accusing them of violating
the Constitution's First Amendment.
First Amendment protections for free speech generally
constrain government actors, not private individuals. Under the
new test, officials are considered engaging in governmental
action if they had "actual authority to speak on behalf of the
state on a particular matter" and "purported to exercise that
authority in the relevant posts."
The justices in a pair of unanimous rulings threw out
decisions by lower courts in cases from California and Michigan
involving lawsuits brought under the U.S. Constitution's First
Amendment by people who were blocked after posting criticisms on
the social media accounts of local officials.
The justices directed the lower courts to revisit the cases
based on the new standard.
Blocking users is a function often employed on social media
to stifle critics. The Supreme Court previously confronted the
issue in 2021 in litigation over former President Donald Trump's
effort to block critics on X, called Twitter at the time, but
failed to decide the matter by deeming the case moot after he
left office.
The Supreme Court heard arguments in two cases in October.
The first involved two public school board trustees from the
California city of Poway who appealed a lower court's ruling in
favor of parents who sued them after being blocked from the
accounts of the officials on X and Facebook, which is owned by
Meta Platforms ( META ).
The second case involved a Michigan man's appeal after a
lower court ruled against his lawsuit challenging a Port Huron
city official who blocked him on Facebook.
President Joe Biden's administration had sided with the
officials in both cases. Free speech advocacy groups urged the
justices to back the plaintiffs.
The California case involved Michelle O'Connor-Ratcliff and
T.J. Zane, elected trustees of the Poway Unified School
District. They blocked Christopher and Kimberly Garnier, the
parents of three students at district schools, after the couple
made hundreds of critical posts on issues including race and
school finances.
Zane and O'Connor-Ratcliff both had public Facebook pages
identifying them as government officials. The parents sued
O'Connor-Ratcliff and Zane in 2017, arguing that their free
speech rights under the First Amendment were violated.
A federal judge in California ruled that the parents' First
Amendment rights were violated and the San Francisco-based 9th
U.S. Circuit Court of Appeals agreed, ruling that Zane and
O'Connor-Ratcliff had presented their social media accounts as
"channels of communication with the public" about school board
business.
"When state actors enter that virtual world and invoke their
government status to create a forum for such expression," the
9th Circuit wrote, "the First Amendment enters with them."
In the Michigan case, Port Huron resident Kevin Lindke sued
in 2020 after City Manager James Freed blocked him from his
public Facebook page following critical posts related to the
COVID-19 pandemic. Lindke accused Freed of violating his First
Amendment rights. Freed's account also was a public Facebook
page identifying him as a public figure.
A federal judge ruled in favor of Freed in 2021 and the
Cincinnati-based 6th U.S. Circuit Court of Appeals last year
agreed. The 6th Circuit found that Freed's blocking of Lindke
did not constitute an official act.
The justices also are expected to issue rulings by the end
of June in other important cases involving speech on social
media. One involves a challenge to Republican-backed state laws
limiting the ability of social media platforms to remove or
moderate content deemed objectionable or misinformation. Another
involves a bid to prevent the Biden administration from
encouraging such content moderation.