The SCOTUS Ruling on Social-Media Blocks Is a 'Bad Result'

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.

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Ed Morrissey

After reading Dan's analysis, I read the opinion in Lindke v Freed and found it nearly impenetrable. It misses the forest for the trees in its attempts to grapple with the idea that every social-media post is in itself a public forum of some sort. Under this rubric, courts will have to engage in fact-finding as to whether officials were acting 'under color of authority' even on personal accounts in determining whether a block violates First Amendment rights.

That's nonsense. The "public forum" is the platform, not individual posts. Blocking trolls doesn't deny them the right to speak -- it just denies them access to an account on the platform. They can still post away to their hearts' content. And as Dan writes, it's very disappointing that not one justice figured that out. 

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