U.S. Supreme Court Establishes New Test for Determining When a Public Official’s Social Media Activities Constitute State Action
The United States Supreme Court has established a new, two-part test for determining whether a public official violates the First Amendment when the official blocks or deletes comments on the public official’s social media account. In this pair of unanimous decisions, the Court brought clarity to the question of when such action by the public official constitutes “state action” which could create liability under 42 U.S.C. §1983.
