The courts have said don’t do it. Do not block “constituents” on social media – if you use that platform for politics. The lesson is to separate the two, but not everyone is able. In some cases, especially for the Marxist-Leaning lot, they could no sooner separate politics from discourse than bones from their flesh.
“Everything within the state, nothing outside the state, nothing against the state.” Would anyone like Merlot?
To be clear, separating your bones from your flesh is reasonable if it advances the revolution or protects the state. Or – in this instance – separating you from their social feeds ‘cuz reasons, which, as alluded to above – for elected officials – is not a good idea.
- With 9-0 Decision SCOTUS Tells Public Officials How Blocking People on Social Media Could Get them Sued
- To Alissandra Murray and Everyone Else in Office Blocking People on Social Media …
- Elected Officials Should Read This Before Blocking People on Social Media
But it’s not just public servants and elected officials. Town Facebook pages run by police, fire, or other departments face similar restrictions, and a recent ruling in Illinois serves as a not-so-friendly reminder of the cost of thinking you da’ king.
Key facts: The lawsuit was filed by six members of the public in October 2021. They claimed Gardiner violated the First Amendment by blocking them from his Facebook page after they posted critical comments about him.
The plaintiffs sued both Gardiner and the city, but U.S. District Judge Sharon Johnson Coleman ruled that only Gardiner was liable.
The city has still agreed to settle with the plaintiffs “to stem the costs of further litigation and foreclose any future claims against it including a potential appeal,” a spokesperson told WTTW.
The total settlement amount awarded for the First Amendment violation was $157,500. New Hampshire legislators get 100.00 a year to serve (and that is taxed). Having to pay a settlement for which you alone will be responsible seems like a significant risk.
Is it? As we’ve previously observed, you must be using the platform to express opinions and positions or to share news of a relevant political nature. What the density of that threshold is has not been tested, but if you share any “political” communications related to your position, you put yourself at risk if you mute or block an actual resident.
This rule does not – for the record – apply to political parties or their officers in those capacities because these are private non-profits, not taxpayer-funded arms of government—even if they feel like they are. You can complain about the party Chair blocking you but they have the right to not have to listen. If they are a party officer and elected, that’d be another story.
And someone has to sue you, which has not happened in the Granite State, to my knowledge, but it will be an expensive lesson no one needs to have to learn. Incorporated bodies have insurance for this, but individual elected officials like NH House Reps or State Senators (typically) do not.
In the words of Sgt Phil Esterhaus, “Let’s be careful out there.”