The Supreme Court on Friday laid out a new test for determining when actions taken by government employees on social media — such as posting messages, deleting comments or blocking users — constitute official business verses personal conduct.
The distinction has become critical as millions of local, state and federal government workers increasingly use social media to communicate with the public, often on “mixed use” accounts that also include purely private, non-official content.
“When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private,” wrote Justice Amy Coney Barrett in a unanimous opinion in the case Lindke v. Freed. “We hold that such speech is attributable to the state only if the official (1) possessed actual authority to speak on the state’s behalf, and (2) purported to exercise that authority when he spoke on social media.”
In short, Barrett explained, the distinction turns on “substance, not labels.”
Source: KAKE – News
