United States of America: Issued Supreme Court ruling in lawsuit on the application of content moderation regulations to social media activities by public officials (Lindke v Freed)

On 15 March 2024, the United States Supreme Court issued a ruling in the case of Lindke v Freed, which addressed the application of content moderation regulations to social media activities by public officials. The Supreme Court established guidelines regarding the circumstances under which public officials can block social media users. The case involved James Freed, a city manager of Port Huron, Michigan, who managed a Facebook page where he posted personal and job-related information. The Court clarified that social media activity by a public official only constitutes state action if the official has actual authority to speak on behalf of the State regarding the matter and has used that authority in the specific posts in question. The ruling emphasised the importance of examining the official's authority and the purpose of the social media posts in question in detail. Public officials should clearly label their personal accounts to avoid potential liability for blocking users or deleting comments, which could be interpreted as official actions. The Supreme Court vacated the Sixth Circuit's judgment and remanded the case for further proceedings consistent with its opinion, establishing new guidelines for content moderation regulation in the context of social media use by public officials.