This is a bad result, and it is disappointing that it attracted no dissent across the Court’s ideological lines. It fails to explain as an original matter why comment moderation is state action in the first place. Public officials would be prudent to keep a clearer wall of separation between their public and private accounts, but that’s easier said than done. Little harm would be caused by allowing them a freer hand in blocking comments from the public, especially where there are official public accounts and offline spaces for commenters to receive public information and petition the government for grievances. Nothing in the Court’s opinion would preclude Congress from offering a statutory safe harbor from such lawsuits.
The SCOTUS Ruling on Social-Media Blocks Is a 'Bad Result'
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