Lower courts couldn't agree on whether a government official can block citizens from a personal social media account that is used to share official information.
Lower courts couldn’t agree on whether a government official can block citizens from a personal social media account that is used to share official information.The U.S. Supreme Court heard oral arguments late last month in two cases concerning the First Amendment implications of government officials’ behavior on social media.
In both cases, the officials created their accounts before taking office and used their accounts, at least nominally, to post about personal matters., which lasted over three hours, the justice wrestled with balancing the competing First Amendment interests of government officials using personal social media accounts with the First Amendment interests of their constituents to access government information posted to those personal accounts.
provides a fair bit of clarity for the government official, but excludes a lot of activity that most people on the street would think of as “government activity.” For example, if I became mayor and started a twitter account, @MayorGary, and use it exclusively to post about what I’m doing as mayor, as long as I’m not roping in my staff, the Sixth Circuit test would suggest that’s not state activity.
Trump uses Twitter to conduct government business, he cannot exclude some Americans from reading his posts — and engaging in conversations in the replies to them — because he does not like their views, a three-judge panel on the United States Court of Appeals for the Second Circuit, in New York, ruled unanimously.
Is it really such a hardship if a mayor has to either post all job related info on a job account or is limited to linking from his personal blog if he wants to commingle personal with official? If a government agency or official can figure out a way to avoid complying with the purpose and spirit of public disclosure laws, he, she, or it will do so.I made a “PIA” request in the State of Maryland years ago. The Act requires the responding agency to produce the document within 30 days or state a reason for denial or reason for the delay.
If the owner of the property poured the concrete, they had to produce the documents ON DEMAND. The government, on the other hand, didn’t have to produce them at all The government was not granted First Amendment rights. Individuals are and the entire focus of the First is to limit government, not expand it. That having been said, of course the government can communicate, but it must do so with attribution so as not to confuse the individual messenger with the government.
We would agree with you if you want to designate the official account as a “limited public forum.” People can be banned for disrupting essential government interests in a “limited public forum.” Assume for a second that a government entity is sponsoring a “Fourth of July Parade and Concert.” At a City Council meeting, it is announced and people are encouraged to spread the word. Are you saying that the government employee can’t advertise the parade and concert on THEIR private account, but a non-government employee can?
But, there should be an official account, and there you CANNOT ban anyone except for things like obscenity or harassment. Representative Smith posts the agenda and the specific item and then posts how they are going to vote and why on their “personal” account.
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