Elected officials cannot silence critics on social media, appeals court rules

An elected official in Virginia violated the First Amendment when she temporarily blocked a constituent on Facebook, a federal appeals court ruled Jan 7, in a novel case with implications for how government officials nationwide interact with constituents on social media. The unanimous ruling from the US 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 Donald Trump is facing a similar lawsuit for silencing critics on his active Twitter account, which has millions of followers. 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.