While there is no set precedent for the issue, more and more courts are encountering a new type of lawsuit related to social-media blocking.
This week, a federal court in Virginia tackled the issue when it ruled on behalf of a plaintiff blocked by a local county politician.
Judge James Cacheris found that she had violated Davison’s First Amendment rights by blocking him from leaving comment, because, in his judgment, the chairwoman, Phyllis Randall, was using her Facebook page in a public capacity.
Though it was a personal account, she used it to solicit comments from constituents.
“The suppression of critical commentary regarding elected officials is the quintessential form of viewpoint discrimination against which the First Amendment guards,” the judge stated in his ruling.
Cacheris did emphasize that his ruling should not prohibit officials from moderating comments to protect against harassment.
Still, the ruling is one of the first in a growing, thorny legal issue surrounding social media that has already reached the White house. »
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