In a landmark decision involving Port Huron City Manager James Freed and Port Huron resident Kevin Lindke, the Supreme Court has established a standard for determining the applicability of the First Amendment to government officials’ social media accounts.
The ruling, issued on Friday, clarified that speech by government officials can only be subject to First Amendment scrutiny if the individual possesses authority to speak on behalf of the state and exercises that authority on the platform in question. This standard, applicable to all government officials, provides clarity on the boundaries of free speech in the digital age.
The ruling reinforces the Sixth US Court of Appeals’ decision to support James Freed, emphasizing that his social media activity did not align with his official duties as city manager of Port Huron.
The case will be remanded back to the Sixth Circuit Court for future review. “I am very pleased with the outcome the justices came to. The court rejected the plaintiff’s appearance test and further refined a test for review by the 6th circuit. We are extremely confident we will prevail there once more,” says Freed.
Reporting for WGRT – Choze Powell
