Public Officials and Social Media
Through groundbreaking litigation such as Knight Institute v. Trump—a lawsuit challenging former President Trump's practice of blocking critics from his Twitter account—the Institute has been instrumental in establishing a basic principle: once public officials open up an online space for expressive activity to the public at large, the First Amendment prohibits them from excluding speakers on the basis of viewpoint. Courts throughout the country have invoked this case to preclude other public officials from silencing their social media critics.
This blog channel highlights the Institute’s ongoing work in this area and explores the many challenging First Amendment questions that continue to emerge.
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Quick Take: Public Officials and Social Media
Platforms Not Required to Amplify Officials’ Harmful Speech, Argues Institute’s Litigation Director
But public interest dictates that even politicians’ ‘repugnant’ speech deserves a place on social media
By Bilal Choudhry -
Deep Dive: Public Officials and Social Media
Paxton Critics Blocked, Now Unblocked, from Texas AG’s Twitter Account
Texas AG unblocks critics in response to Knight Institute, ACLU of Texas lawsuit maintaining the account is a "public forum" under the First Amendment
By A. Adam Glenn -
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Deep Dive: Public Officials and Social Media
Official Censorship Should Have No Place in the Digital Public Square
Courts are barring public officials from blocking critics from their social media accounts.
By Jameel Jaffer & Katie Fallow -
Quick Take: Public Officials and Social Media
Katie Fallow Talks to BBC News about First Amendment Issues Raised in Trump Impeachment Trial
During an interview with BBC Newshour on Feb. 8, Knight Institute Senior Staff Attorney Katie Fallow addressed First Amendment questions raised by the impeachment trial of former President Trump, which began today.
In response to a question from the BBC’s...
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Quick Take: Public Officials and Social Media
A Third Federal Appeals Court Addresses Social Media Blocking
Agrees that public officials who use social media accounts to further their official duties must comply with the First Amendment
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Fact Sheet: Public Officials and Social Media
Social Media for Public Officials 101
A First Amendment guide for public officials using social media
Litigation
Lawsuit
Edgar v. Haines
A lawsuit challenging the government's system of "prepublication review"
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Event
Lies, Free Speech, and the Law
A symposium exploring how the law regulates or should regulate false and misleading speech
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Essays and Scholarship
How the Biden Administration and Congress Can Fix Prepublication Review: A Roadmap for Reform
Prepublication review is a sweeping and broken system in need of repair
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Transparency & Democracy
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit
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