Supreme Court rules in favor of the public over public officials

ScotusBlog ran a very encouraging legal story yesterday headlined, “Public officials can be held liable for blocking critics on social media.” It was very bad news for lefty local officials.

In another blockbuster 9-0 opinion supporting the First Amendment, the Supreme Court ruled yesterday that elected officials and bureaucrats who post about their work — even on their personal social media accounts — are acting on behalf of the government. And so they can be held personally liable for violating the First Amendment when they ‘block’ their critics, even from their personal accounts.

The Court created a new test: An official is said to be acting in their official capacity, even on their personal social media, whenever (1) they have the power to speak on behalf of the state and (2) they are actually doing that, talking about their job or politics or whatever. The decision says it doesn’t matter whether it’s on their official government account or their personal account.

Many lefty officials have been avoiding First Amendment liability by talking a blue streak on their personal accounts and not using their official government platforms. Now the Supreme Court — 9-0! — has cut that off.

Even better, the Supreme Court’s solid support for the First Amendment in this case also signals that it will reach the right result in the Missouri v. Biden case about the federal government’s fascistic involvement with the big social media companies.

NOTE from Eye’s publisher, Billie Tucker Volpe:  This is what our former Mayor did to many people.  He is not a lefty liberal.  He is a Republican.  We are happy the Supreme Court put an end to this!

Jeff Childers

Jeff Childers is the president and founder of the Childers Law firm. Jeff interned at the Federal Bankruptcy Court in Orlando, where he helped write several widely-cited opinions. He then worked as an associate with the prestigious firm of Winderweedle, Haines, Ward & Woodman in Orlando and Winter Park, Florida before moving back to Gainesville and founding Childers Law. Jeff served for three years on the Board of Directors of the Central Florida Bankruptcy Law Association. He has also served on the Board of Directors of the Eighth Judicial Bar Association, and on the Rules Committee for the Northern District of Florida Bankruptcy Court. Jeff has published several articles as co-author with Professor William Page of the Levin College of Law (University of Florida) on the topic of anti-trust in the Microsoft case. He also is the author of an article on the topic of Product Liability in the Software Context. Jeff focuses his area of practice on commercial litigation, elections law, and constitutional issues. He is a skilled trial litigator and appellate advocate.


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