Free Speech Constraints on Public Officials’ Social Media Pages

On October 31, 2023, the Supreme Court heard oral arguments in two cases challenging public officials’ media activity, O’Connor-Ratcliff v. Garnier and Lindke v. Freed. Government actors are constrained by the First Amendment, including when they act online.

As such, when the government creates a public forum online, its ability to bar people from the forum is limited by the First Amendment. If public officials use a forum such as a social media page for both private and government activity, it can be open to debate whether or how the First Amendment applies.