Socialist State Rep. Shaun Scott is pre-emptively blocking journalists and constituents on X in order to avoid criticism or uncomfortable questions. It’s likely unconstitutional.

In O’Connor-Ratcliff v. Garnier, two public school board members blocked parents from their personal social media accounts after receiving frequent critical comments. The key issue was whether public officials violate the First Amendment when they block constituents from platforms used for official communication. The Supreme Court ruled that officials can be held liable if they were clearly acting in their official capacity when using those accounts.

Scott is blocking people on his @Scott43LD account, which he uses for official state legislative purposes. His account lists his legislative position, describes the communities he represents, and links directly to his state legislature website. The content is almost exclusively about his work as a state representative and includes official communications concerning his state legislative duties, including explaining legislation he backs and promoting legislative town halls.

It is distinct from his personal account, @eyesonthestorm, and his campaign account, @ElectScott2019, which may block whoever he wants, so long as he doesn’t start using those accounts for official legislative communication.