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

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7 minute read

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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Daily Caller

Trump Moves To Reverse Biden’s Green New Deal Agenda — With A Special Focus On Wind

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From the Daily Caller News Foundation

By David Blackmon

Shares of big Danish offshore wind developer Orsted dropped by 17% Monday, the same day President Donald Trump took the oath of office to become the 47th president of the United States. The two events are not merely coincidental with one another.

To be sure, Orsted’s loss of market cap was caused by several factors, including both the general slowing of the offshore wind business, and Orsted’s own announcement that it will incur a $1.69 billion impairment charge related to its Sunrise Wind project off the coast of New York. Company CEO Mads Nipper  attributed the charge to delays and cost increases and said the project completion date is now delayed to the second half of 2027.

But there can be little doubt that the raft of energy-related executive orders signed by Trump also contributed to the drop in Orsted’s stock price. As part of a Day 1 agenda consisting of a reported 196 executive orders, the new president took dead aim at reversing the Biden Green New Deal agenda in general, with a special focus on wind power projects on federal lands and waters.

In addition to general orders declaring a national energy emergency and pulling the United States out of the Paris Climate Accords (for a second time), Trump signed a separate order titled, “Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects.” That long-winded title (pardon the pun) is quite descriptive of what the order is designed to accomplish.

Section 1 of this order withdraws “from disposition for wind energy leasing all areas within the Offshore Continental Shelf (OCS) as defined in section 2 of the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331.” Somewhat ironically, this is the same OCSLA cited in early January by former President Joe Biden when he set 625 million acres of federal offshore waters off limits to oil and gas leasing and drilling into perpetuity.

As with Biden’s LNG permitting pause, the fourth paragraph of Section 1 in Trump’s order states that  “Nothing in this withdrawal affects rights under existing leases in the withdrawn areas.” However, the same paragraph goes on to subject those existing leases to review by the secretary of the Interior, who is charged with conducting “a comprehensive review of the ecological, economic, and environmental necessity of terminating or amending any existing wind energy leases, identifying any legal bases for such removal, and submit a report with recommendations to the President, through the Assistant to the President for Economic Policy.”

Observant readers will know that the parameters of this order as it relates to offshore wind are essentially the same as a proposal I suggested in a previous piece here on Jan. 1. So, obviously, it receives the Blackmon Seal of Approval.

But we should also note that Trump goes even further, extending this freeze to onshore wind projects as well. While the rationale for the freeze in offshore leasing and permitting cites factors unique to the offshore like harm to marine mammals, ocean currents and the marine fishing industry, the rationale supporting the onshore freeze cites “environmental impact and cost to surrounding communities of defunct and idle windmills and deliver a report to the President, through the Assistant to the President for Economic Policy, with their findings and recommended authorities to require the removal of such windmills.”

This gets at concerns long held by me and many others that neither the federal government nor any state government has seen fit to require the proper, complete tear down and safe disposal of these massive wind turbines, blades, towers and foundations once they outlive their useful lives. In most jurisdictions, wind operators are free to just abandon the projects and leave the equipment to dilapidate and rot.

The dirty secret of the wind industry, whether onshore or offshore, is that it is not sustainable without consistent new injections of more and more subsidies, along with the tacit refusal by governments to properly regulate its operations. Trump and his team understand this reality and should be applauded for taking real action to address it.

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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illegal immigration

Trump directs feds to target cartels that threaten homeland security

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ICE agents remove Mexican drug kingpin and leader of the Arriola Marquez Cartel, Oscar Arturo Arriola Marquez, from Texas to Mexico.                       

From The Center Square

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President Donald Trump is directing federal agencies to target Mexican cartels and other foreign groups that are a threat to American citizens and national security.

Trump’s executive order designates Mexican cartels, the Venezuelan prison gang Tren de Aragua, Salvadoran La Mara Salvatrucha (MS-13), and other organizations as foreign terrorist organizations (FTOs) and specially designated global terrorists (SDGTs) under the U.S. Constitution, Immigration and Nationality Act and International Emergency Economic Powers Act.

“International cartels constitute a national-security threat beyond that posed by traditional organized crime, with activities encompassing convergence between themselves and a range of extra-hemispheric actors, from designated foreign-terror organizations to antagonistic foreign governments; complex adaptive systems, characteristic of entities engaged in insurgency and asymmetric warfare; an infiltration into foreign governments across the Western Hemisphere,” the order states.

“The Cartels have engaged in a campaign of violence and terror throughout the Western Hemisphere that has not only destabilized countries with significant importance for our national interests but also flooded the United States with deadly drugs, violent criminals, and vicious gangs,” Trump’s order states. “They functionally control, through a campaign of assassination, terror, rape, and brute force nearly all illegal traffic across the southern border of the United States. In certain portions of Mexico, they function as quasi-governmental entities, controlling nearly all aspects of society.”

TdA and MS13 gang members also pose similar threats, engaging in “campaigns of violence and terror in the United States and internationally are extraordinarily violent, vicious, and similarly threaten the stability of the international order in the Western Hemisphere,” presenting “an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.”

In response, Trump said, “I hereby declare a national emergency, under IEEPA, to deal with those threats.

“It is the policy of the United States to ensure the total elimination of these organizations’ presence in the United States and their ability to threaten the territory, safety, and security of the United States through their extraterritorial command-and-control structures” to protect Americans and the territorial integrity of the U.S.

He directed the secretary of State, secretary of the Treasury, attorney general, secretary of Homeland Security, and director of National Intelligence to take all appropriate action to implement his order.

He also instructed them to “make operational preparations regarding the implementation of any decision I make to invoke the Alien Enemies Act … in relation to the existence of any qualifying invasion or predatory incursion against the territory of the United States by a qualifying actor, and to prepare such facilities as necessary to expedite the removal of those who may be designated under this order.”

Trump’s order comes after Texas Gov. Greg Abbott and 21 Republican attorneys general for years called on the Biden administration to do so.

In September 2022, Abbott designated Mexican cartels as FTOs, issuing an executive order designating the Sinaloa Cartel, the Jalisco New Generation Cartel as foreign terrorist organizations,” The Center Square reported. He twice asked former President Joe Biden to do so and received no response.

Roughly one year ago, a coalition of 21 Republican attorneys general led by Virginia AG Jason Miyares also made the same request, argued an FTO designation was imperative because cartels are “assassinating rivals and government officials, ambushing, and killing Americans at the border, and engaging in an armed insurgency against the Mexican government,” The Center Square reported. “This dangerous terrorist activity occurring at our border will not abate unless we escalate our response.”

They also received no response – until Jan. 20, 2025.

The Center Square first reported on cartels using asymmetrical and nontraditional warfare targeting Americans as a reason for Texas to declare an invasion in 2022. No official state declaration was issued and the Texas AG’s office refused to issue a legal opinion on the matter despite numerous requests to do so. South Dakota Gov. Kristi Noem was the only one to declare an invasion before a state legislature and 55 Texas counties declared an invasion, The Center Square exclusively reported.

On Trump’s first day in office, he declared an invasion at the southern border, the first president in modern history to do so.

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