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SCOTUS to Review Whether Public Officials Can Block Users on Social Media

  • #Threats and threatening messages
  • #Freedom of speech & expression
  • #Verdicts & sentences
  • #COVID-19
  • #Lawsuits
story
APR 2023
Image copyright: Getty Images [via NBC News]
story last updated MAY 2023

The Spin

Narrative A

As government officials across the country are increasingly using social media to speak with constituents, it's time for the nation's highest court to establish the importance of allowing the people to communicate with their leaders unhindered. SCOTUS has already stated that digital platforms are "the modern town square," and that statement should be upheld in this and all future freedom of speech cases. Elected officials in America are duty-bound to the Constitution and must not be allowed to break that oath so long as they're in office.

Knight First Amendment Institute

Narrative B

Similar to a case involving a police officer, politicians shouldn't be judged based on how they present themselves on their private social media accounts. Trump lost his case because his personal Twitter account linked directly to the White House. However, if a personal account does not purport to be linked to an official office, it shouldn't necessarily receive the same scrutiny. These are novel and complex legal questions that should consider both the private rights and public duties of officeholders.

Findlaw

Metaculus Prediction


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Supreme Court to Decide Whether Officials Can Block Critics on Social Media
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Supreme Court takes social media cases with echoes of Trump
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Supreme Court to decide if First Amendment stops government officials from blocking social media critics
CNNJUL 2023