Can your government representative block you on social media?

Can your government representative block you on social media? Many have been asking this question. My councilman has blocked me and others with dissenting views.

In today’s world, this is a very important legal inquiry. The First Amendment rights of both members of the public and the official are implicated. Courts are recognizing that social media is now the most important platform for political speech. An elected official’s page is often the primary avenue to interface with our government.

If the page is an official’s public one, it is more easily seen as the government restricting rights. If it is the official’s personal page, a fact based analysis is used. Does the official use it to share public information or make statements related to their official capacity? Is input sought from constituents on the page? Is it used as a forum for discussion about government matters? Is it ever updated during work hours or maintained by government staffers? These are the kinds of considerations a court will make in determining whether an official’s personal page is sufficiently public to constitute government action.

This is a critical determination because a fundamental principle of First Amendment law is that the government cannot engage in viewpoint discrimination or restrict speech merely because they find it disagreeable. Such blocks are unconstitutional.

Remember, if you’re a government official, you sign up for criticism and hearing opposing voices. You don’t get to pick and choose which members of the public get to speak or enjoy access to information.

Some words of caution: It has been noted by courts that moderation is sometimes required on social media. They don’t want a situation where people could “filibuster” the government official by leaving the same comment over and over, harass the official or troll with explicit content in violation of site rules. However, any such moderation must be neutrally applied without regard to a user’s stance or opinion.

Additional (Links added by editor):
https://www.aclu.org/blog/free-speech/internet-speech/can-government-official-block-you-twitter
https://www.wsj.com/articles/court-rules-against-politician-who-banned-access-to-her-facebook-page-1501176625
http://www.slate.com/blogs/future_tense/2017/07/28/federal_court_rules_public_officials_cannot_block_social_media_users.html
https://www.npr.org/2017/10/29/560660157/when-politicians-block-critics-on-social-media

Mike Scala

Democratic nominee, NYC Council / 1st VP, Queens Public Transit Committee / Former Counsel and Legislative Director, New York State Senate