The United States Supreme Court will soon decide whether public officials may be liable for blocking constituents on social media. On October 31, 2023, the Court heard oral argument in O’Connor-Ratcliff v. Garnier and Lindke...more
As social media and K-12 education issues continue to evolve, on April 24, 2023, the U.S. Supreme Court granted certiorari in a case concerning an interesting, yet important issue: Under the First Amendment, when can elected...more
In 2018, the California legislature established a "ministry of truth" within the California Secretary of State's office - the Office of Elections Cybersecurity. By statute, the OEC has a duty “to monitor and counteract false...more
The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the...more
The June 14, 2018 post “The President May Not Block Twitter Followers Because They Disagree With Him Politically” reported how the District Court in Knight First Amendment Inst. at Columbia University v. Trump, 302 F.Supp.3d...more
New California Law Addresses Prohibition on Serial Meetings on Social Media - California public officials could run afoul of the Brown Act if they communicate with legislative members of the same body on social media...more
The First Amendment continues to evolve to ensure speakers remain protected. This was recently substantiated by the Second Circuit U.S. Court of Appeals ruling in Knight First Amendment Institute at Columbia University,...more
A recent federal appeals court decision, Knight First Amendment Institute v. Trump, concluded that action taken by the President through the use of his personal, not just official White House, Twitter account was considered...more
Two years ago, we wrote about a possible First Amendment challenge involving Donald Trump’s practice of blocking certain Twitter users from his @realDonaldTrump account. ...more
The court concluded its opinion with an observation that at this time in history, “wide-open, robust debate” is the best assurance of good government. The Second Circuit U.S. Court of Appeals ruled last week that public...more
In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more
Social media has transformed the ways legislators and their staff interact with constituents. Through social media platforms, our elected officials share insights into the legislative process, communicate with constituents,...more
As technology and social media continue to develop, so do legal questions surrounding their use by public entities and employees. On July 9, 2019, the Second Circuit Court of Appeals in Knight First Amendment Institute v....more
On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First...more
Social media is the modern-day public square. Facebook, Twitter and other social media platforms have effectively harnessed technology to turn communication into an interactive dialogue — fundamentally shifting the way...more
Social media platforms like Facebook and Twitter typically allow users to delete unwanted commentary or block others with whom they disagree from posting on the user’s page or post. The subject matter of the offending...more
If a public official creates a public forum from his or her social media account — even if the account was established before taking office — the official cannot block people from the account in response to the person...more
The District Court for the Eastern District of Virginia issued a recent decision that that should remind public officials and employees that if they have social media websites (Facebook, Twitter, etc.), the websites may be...more