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No. 22-611October Term 2023Decided Mar 15, 2024

Docket 22-611October Term 2023 (2023–2024)

Lindke v. Freed

The Supreme Court established a new test to determine when a public official's social media activity constitutes state action, ruling that officials are liable for blocking critics only if they possess actual authority to speak for the state and purport to exercise that authority in their posts.

Case status

Current stage
Decided
Latest event
Decision released Mar 15, 2024
Case Accepted
Arguments HeardOct 31, 2023
Decision ReleasedMar 15, 2024
What it's about

The Supreme Court established a new test to determine when a public official's social media activity constitutes state action, ruling that officials are liable for blocking critics only if they possess actual authority to speak for the state and purport to exercise that authority in their posts. The unanimous decision vacated a lower court ruling involving a city manager who blocked a resident from his Facebook page.

Question presented

When does a public official’s social media activity constitute state action subject to the First Amendment?

Case path

United States Court of Appeals for the Sixth Circuit / Decision released Mar 15, 2024

Area

First Amendment