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Supreme Court unanimously rules that public officials can be sued for blocking critics on social media

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From LifeSiteNews

By Doug Mainwaring

Supreme Court Justice Amy Coney Barrett Justice noted that the personal social media accounts of public officials often present an ‘ambiguous’ status because they mix official announcements with personal content.

The United States Supreme Court ruled unanimously on Friday that government officials who post about work-related topics on their personal social media accounts can be held liable for violating the First Amendment rights of constituents by blocking their access or deleting their critical comments.  

In a 15-page opinion, Justice Amy Coney Barrett noted that the personal social media accounts of public officials often present an “ambiguous” status because they mix official announcements with personal content.

The court ruled in two cases where people were blocked after leaving critical comments on social media accounts of public officials.   

The first case involved two elected members of a California school board — the Poway Unified School District Board of Trustees — who blocked concerned parents from their Facebook and Twitter accounts after leaving critical comments.  

The court upheld the 9th U.S. Circuit Court of Appeals ruling that said the board members had violated the parents’ free speech rights.    

The second case before the court concerned James Freed, Port Huron, Michigan’s city manager who had blocked constituent Kevin Lindke from commenting on his Facebook page after deleting his remarks about the city’s COVID-19 pandemic policies.  

Lindke believed that Freed had violated the First Amendment by doing so and sued Freed.  

Freed maintained that he launched his Facebook page long before becoming a public official, arguing that most of the content on his account concerned family-related matters.  

Justice Barrett explained: 

Like millions of Americans, James Freed maintained a Facebook account on which he posted about a wide range of  topics, including his family and his job. Like most of those Americans, Freed occasionally received unwelcome comments on his posts. In response, Freed took a step familiar to Facebook users: He deleted the comments and blocked those who made them.     

For most people with a Facebook account, that would  have been the end of it. But Kevin Lindke, one of the unwelcome commenters, sued Freed for violating his right to free speech. Because the First Amendment binds only the government, this claim is a nonstarter if Freed posted as a private citizen. Freed, however, is not only a private citizen but also the city manager of Port Huron, Michigan — and while Freed insists that his Facebook account was strictly personal, Lindke argues that Freed acted in his official capacity when he silenced Lindke’s speech.

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. 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 the end, the high court sent Lindke’s case back to the Sixth Circuit Federal Appeals Court for a second look.  

Perhaps reflecting continued ambiguity following the court’s ruling, both defendant Freed and plaintiff Lindke declared victory. 

“I am very pleased with the outcome the justices came to,” Freed told ABC News in a statement. “The Court rejected the plaintiff’s appearance test and further refined a test for review by the Sixth Circuit. We are extremely confident we will prevail there once more.”  

Lindke was more effusive and told ABC News that he was “ecstatic” with the court’s decision.   

“A 9-0 decision is very decisive and is a clear indicator that public officials cannot hide behind personal social media accounts when discussing official business,” said Lindke.  

Legal experts called attention to the persistence of gray area in the law regarding social media due to the narrowness of the court’s decision. 

“This case doesn’t tell us much new about how to understand the liability of the 20 million people who work in local, state, administrative or federal government in the U.S. … just that the question is complicated,” Kate Klonick, an expert on online-platform regulation who teaches at St. John’s Law School, told The Washington Post 

Katie Fallow, senior counsel for the Knight First Amendment Institute at Columbia University,  told the Post that the court’s ruling does not sufficiently address public officials’ widespread use of personal “shadow accounts,” which constituents often perceive as official.  

Fallow said the court was “right to hold that public officials can’t immunize themselves from First Amendment liability merely by using their personal accounts to conduct official business.”  

We are disappointed, though, that the Court did not adopt the more practical test used by the majority of the courts of appeals, which appropriately balanced the free speech interests of public officials with those of the people who want to speak to them on their social media accounts. 

According to The Hill, the Biden administration and a bipartisan group of 17 states and National Republican Senatorial Committee sided with officials, arguing in favor of their blocks, while the ACLU backed the cons 

Friday’s ruling is only the first of several this term that deal with the relationship between government and social media.

“On Feb. 26, the justices heard argument[s] in a pair of challenges to controversial laws in Florida and Texas that seek to regulate large social-media companies,” explained Amy Howe on Scotusblog.com.  “And on Monday the justices will hear oral arguments in a dispute alleging that the federal government violated the First Amendment by pressuring social media companies to remove false or misleading content. Decisions in those cases are expected by summer.” 

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Energy

Trump Takes More Action To Get Government Out Of LNG’s Way

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From the Daily Caller News Foundation

By David Blackmon

The Trump administration moved this week to eliminate another Biden-era artificial roadblock to energy infrastructure development which is both unneeded and counterproductive to U.S. energy security.

In April 2023, Biden’s Department of Energy, under the hyper-politicized leadership of Secretary Jennifer Granholm, implemented a new policy requiring LNG projects to begin exports within seven years of receiving federal approval. Granholm somewhat hilariously claimed the policy was aimed at ensuring timely development and aligning with climate goals by preventing indefinite delays in energy projects that could impact emissions targets.

This claim was rendered incredibly specious just 8 months later, when Granholm aligned with then-President Joe Biden’s “pause” in permitting for new LNG projects due to absurd fears such exports might actually create higher emissions than coal-fired power plants. The draft study that served as the basis for the pause was thoroughly debunked within a few months, yet Granholm and the White House steadfastly maintained their ruse for a full year until Donald Trump took office on Jan. 20 and reversed Biden’s order.

Certainly, any company involved in the development of a major LNG export project wants to proceed to first cargoes as expeditiously as possible. After all, the sooner a project starts generating revenues, the more rapid the payout becomes, and the higher the returns on investments. That’s the whole goal of entering this high-growth industry. Just as obviously, unforeseen delays in the development process can lead to big cost overruns that are the bane of any major infrastructure project.

On the other hand, these are highly complex, capital-intensive projects that are subject to all sorts of delay factors. As developers experienced in recent years, disruptions in supply chains caused by factors related to the COVID-19 pandemic resulted in major delays and cost overruns in projects in every facet of the economy.

Developers in the LNG industry have argued that this arbitrary timeline was too restrictive, citing these and other factors that can extend beyond seven years. Trump, responding to these concerns and his campaign promises to bolster American energy dominance, moved swiftly to eliminate this requirement. On Tuesday, Reuters reported that the U.S. was set to rescind this policy, freeing LNG projects from the rigid timeline and potentially accelerating their completion.

This policy reversal could signal a broader approach to infrastructure under Trump. The Infrastructure Investment and Jobs Act, enacted in 2021, allocated $1.2 trillion to rebuild roads, bridges, broadband and other critical systems, with funds intended to be awarded over five years, though some projects naturally extend beyond that due to construction timelines. The seven-year LNG deadline was a specific energy-related constraint, but Trump’s administration has shown a willingness to pause or redirect Biden-era infrastructure funding more generally. For instance, Trump’s Jan.20 executive order, “Unleashing American Energy,” directed agencies to halt disbursements under the IIJA and IRA pending a 90-day review, raising questions about whether similar time-bound restrictions across infrastructure sectors might also be loosened or eliminated.

Critics argue that scrapping deadlines risks stalling projects indefinitely, undermining the urgency Biden sought to instill in modernizing U.S. infrastructure. Supporters argue that developers already have every profit-motivated incentive to proceed as rapidly as possible and see the elimination of this restriction as a pragmatic adjustment, allowing flexibility for states and private entities to navigate permitting, labor shortages and supply chain issues—challenges that have persisted into 2025.

For example, the $294 billion in unawarded IIJA funds, including $87.2 billion in competitive grants, now fall under Trump’s purview, and his more energy-focused administration could prioritize projects aligned with his energy and economic goals over Biden’s climate and DEI-focused initiatives.

Ultimately, Trump’s decision to end the seven-year LNG deadline exemplifies his intent to reshape infrastructure policy by prioritizing speed, flexibility and industry needs. Whether this extends formally to all U.S. infrastructure projects remains unclear, but seems likely given the Trump White House’s stated objectives and priorities.

This move also clearly aligns with the overall Trump philosophy of getting the government out of the way, allowing the markets to work and freeing the business community to restore American Energy Dominance in the most expeditious way possible.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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Automotive

Auto giant shuts down foreign plants as Trump moves to protect U.S. industry

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MXM logo  MxM News

Quick Hit:

Stellantis is pausing vehicle production at two North American facilities—one in Canada and another in Mexico—following President Donald Trump’s announcement of 25% tariffs on foreign-made cars. The move marks one of the first corporate responses to the administration’s push to bring back American manufacturing.

Key Details:

  • In an email to workers Thursday, Stellantis North America chief Antonio Filosa directly tied the production pause to the new tariffs, writing that the company is “continuing to assess the medium- and long-term effects” but is “temporarily pausing production” at select assembly plants outside the U.S.

  • Production at the Windsor Assembly Plant in Ontario will be paused for two weeks, while the Toluca Assembly Plant in Mexico will be offline for the entire month of April.

  • These plants produce the Chrysler Pacifica minivan, the new Dodge Charger Daytona EV, the Jeep Compass SUV, and the Jeep Wagoneer S EV.

Diving Deeper:

On Wednesday afternoon in the White House Rose Garden, President Trump announced sweeping new tariffs aimed at revitalizing America’s auto manufacturing industry. The 25% tariffs on all imported cars are part of a broader “reciprocal tariffs” strategy, which Trump described as ending decades of globalist trade policies that hollowed out U.S. industry.

Just a day later, Stellantis became the first major automaker to act on the new policy, halting production at two of its international plants. According to an internal email obtained by CNBC, Stellantis North American COO Antonio Filosa said the company is “taking immediate actions” to respond to the tariff policy while continuing to evaluate the broader impact.

“These actions will impact some employees at several of our U.S. powertrain and stamping facilities that support those operations,” Filosa wrote.

The Windsor, Ontario plant, which builds the Chrysler Pacifica and the newly introduced Dodge Charger Daytona EV, will shut down for two weeks. The Toluca facility in Mexico, responsible for the Jeep Compass and Jeep Wagoneer S EV, will suspend operations for the entire month of April.

The move comes as Stellantis continues to face scrutiny for its reliance on low-wage labor in foreign markets. As reported by Breitbart News, the company has spent years shifting production and engineering jobs to countries like Brazil, India, Morocco, and Mexico—often at the expense of American workers. Last year alone, Stellantis cut around 400 U.S.-based engineering positions while ramping up operations overseas.

Meanwhile, General Motors appears to be responding differently. According to Reuters, GM told employees in a webcast Thursday that it will increase production of light-duty trucks at its Fort Wayne, Indiana plant—where it builds the Chevrolet Silverado and GMC Sierra. These models are also assembled in Mexico and Canada, but GM’s decision suggests a shift in production to the U.S. could be underway in light of the tariffs.

As Trump’s trade reset takes effect, more automakers are expected to recalibrate their production strategies—potentially signaling a long-awaited shift away from offshoring and toward rebuilding American industry.

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