Politicians give up some personal rights as elected officials, and one of those is blocking haters. Though blocking those that challenge your viewpoints on Facebook is tempting and acceptable by the general public, that’s not the case for politicians, according to one court. Another key take-away from this decision: a social media page can be considered a public forum. Facebook, you’ve come a long way, baby!

The Fourth Circuit appellate court unanimously ruled that politicians violate the First Amendment when they ban their constituents from official social media pages. Brian Davison, a local constituent, repeatedly posted comments on Loudoun County Board of Supervisors Chair Phyllis J. Randall’s official web page, criticizing local education issues. Randall got fed up with it after Davison called the school board corrupt, and blocked Davison.

Social Media Is a Public Forum

People have greater rights to free speech when it’s being conducted in a public forum. Specifically, the government can impose reasonable time, place, and manner restrictions on speech in both public and non-public forums, but has limited ability to impose content-based restrictions on traditional or designated public forums. Designating Facebook as a public forum, instead of just a platform or publisher, means that the government can only place limited restrictions on comments, and blocking someone is hardly limited.

If you feel like your right to free speech has been curbed by politicians on a public forum, contact a local civil rights attorney. Our country was founded on the belief that we grow stronger together when we challenge the government. Don’t be bullied. Ask an attorney to help you stand up for your rights

Related Resources:

  • Find a Civil Rights Attorney Near You (FindLaw’s Lawyer Directory)
  • Is Social Media Stifling Free Speech? DOJ Investigates (FindLaw Technologist)
  • County Residents Settle Facebook ‘Block’ Lawsuit (FindLaw Technologist)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules