Washington – The Supreme Court has issued a unanimous ruling in a pair of cases centered largely on when a public official may block a follower on social media. Two constituents sued their local officials for deleting their comments and blocking them on social media (Lindke v. Freed and O’Connor-Ratcliff v. Garnier). The Court was asked in both cases to decide whether this activity constitutes “state action” and could entitle claimants to civil damages for infringement of their First Amendment right to petition the government and engage in free expression.
The Computer & Communications Industry Association has advocated for free speech online for more than 25 years and filed amicus briefs in support of neither party in these and other similar cases that outlined why social media companies are not state actors in this situation. CCIA is also a co-plaintiff in two other Supreme Court cases involving Florida and Texas social media laws.
The following can be attributed to CCIA Senior Vice President and Chief of Staff Stephanie Joyce:
“The Supreme Court rightly avoided attempts by some parties to transform the social media websites — privately owned entities — into state actors. The test articulated by the Court today makes clear that regardless of whether an official is engaging in activity that could be deemed state action, the social media websites they use cannot be construed as state actors.”