Elected officials cannot silence critics on social media, appeals court rules
Source: Washington Post
Legal Issues
Elected officials cannot silence critics on social media, appeals court rules
By Ann E. Marimow
Reporter covering legal affairs
January 7 at 12:11 PM
An elected official in Virginia violated the First Amendment when she temporarily blocked a constituent on Facebook, a federal appeals court ruled Monday, in a novel case with implications for how government officials nationwide interact with constituents on social media.
The unanimous ruling from the U.S. Court of Appeals for the 4th Circuit is the first from an appeals court to answer the question of whether free speech protections prevent public officials from barring critics from their social media feeds.
The 42-page opinion addresses the Facebook page of Phyllis J. Randall, chair of the Loudoun County Board of Supervisors, but President Trump is facing a similar lawsuit for silencing critics on his active @realDonaldTrump Twitter account, which has millions of followers.
[What does an elected official in Virginia have to do with whether President Trump can block people on Twitter? A lot.] (1)
Both officials, in separate court filings, contend their accounts on privately owned digital platforms are personal and that they can restrict who gets a chance to speak there without crossing constitutional lines. ... The Richmond-based appeals court disagreed. Public officials cannot block critical comments on digital platforms used to conduct official government business and to interact with constituents, the court concluded. Randall's case arose after she briefly blocked community activist Brian Davison in early 2016 for accusations she deemed "slanderous."
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Ann Marimow covers legal affairs for The Washington Post. She joined The Post in 2005 and has covered state government and politics in California, New Hampshire and Maryland. Follow https://twitter.com/amarimow
(1) https://www.washingtonpost.com/local/public-safety/what-does-an-elected-official-in-virginia-have-to-do-with-whether-president-trump-can-block-people-on-twitter-a-lot/2018/11/08/e7bdde58-d635-11e8-aeb7-ddcad4a0a54e_story.html
Read more: https://www.washingtonpost.com/local/legal-issues/elected-officials-cannot-silence-critics-on-social-media-appeals-court-rules/2019/01/07/0b63eca4-128f-11e9-803c-4ef28312c8b9_story.html
Robert Barnes Retweeted
https://twitter.com/scotusreporter
NEW from the 4th Circuit: Elected officials cannot silence critics on social media, court says in Virginia case with implications for how @realDonaldTrump manages his Twitter account.
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ETA:
Read the full opinion from the 4th Circuit:
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