Freed Tag

Supreme Court Adopts New Test to Determine When “State Action” Occurs for Public Officials’ Social Media Use

Today, in Lindke v. Freed, the Supreme Court set forth the test for when local government officials are considered “state actors” for the purposes of the First Amendment when they post on social media.  The case is a win for local governments as the test provided by the Supreme Court safeguards the free speech rights of elected officials while balancing the rights of their citizens.  More importantly, it is objective and focuses on authority as the test to determine if...