Catching Up on Government Officials’ Censorship of Constituents on Social Media

…action. And even if her claims are not barred, Defendant’s act in blocking Plaintiff from the @laurenboebert Twitter account was not state action, and therefore not a First Amendment violation……

The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton

…Universe of “Social Media Platforms” Treating Private Action Like State Action Denigrating the Constitutional Importance of Curation Congress Can’t Circumscribe Constitutional Rights The Judge Mangles Zauderer and NIFLA (With a…

Facebook Defeats Jawboning Lawsuit Over COVID Misinformation Removal–Rogalinski v. Meta

…Facebook, “the government can work with a private entity without converting that entity’s later decisions into state action.” [Cite to O’Handley.] Case dismissed. For a deeper dive on this genre…

Ninth Circuit: Elected Officials Violated the First Amendment by Blocking Constituents on Social Media–Garnier v. O’Connor-Ratcliff

…haven’t committed to maintaining them in place, so they could change their minds and resume the censorship. State Action The court says: “The Trustees’ use of their social media accounts…

Another Account Suspension Case Yeeted–Rangel v. Dorsey

…irrelevant to the suit and doesn’t create a PRA. Still, I swoon a little every time UETA shows up in a court opinion. His state action claim was rejected a…

Sixth Circuit: Government Official Can Freely Censor Constituents at his Public Facebook Page–Lindke v. Freed

…To do so, the panel says it looks at the entire account, not individual posts (a good start!). The panel then enumerates situations that would satisfy its state action test:…

Another Failed Lawsuit Over Trump’s Deplatforming–Rutenberg v. Twitter

…that [Twitter] engaged in state action when the company moderated or suspended the former President’s Twitter account” because… there wasn’t a sufficient nexus between Twitter and the government. Twitter made…

COVID Skeptic Loses Lawsuit Over Account Terminations–Hart v. Facebook

…documents transform private action into state action. These documents are issued annually by the thousands and do not secretly transform large swathes of the private sector into state actors. Also,…

Twitter Defeats Trump’s Deplatforming Lawsuit–Trump v. Twitter

…applicable legal standards are malleable, “the facts alleged in the amended complaint are not nearly enough for plaintiffs to proceed on a state action theory.” With respect to legislative jawboning:…

Account Suspension Lawsuit Against Twitter Survives Motion to Dismiss–Berenson v. Twitter

…way suggest that these actors’ alleged deletion of plaintiffs’ posts on their platform was conduct by or for a state government.” Selected Posts About State Action Claims Another Failed Lawsuit…