John M. Baker, left, and Katherine M. Swenson, right. Courtesy photos Eighth Circuit: Fun With the First Amendment
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a judgment that the city of St. Louis violated the First Amendment because its now-former President of the Board of Aldermen, Lewis Reed, blocked on his Twitter account someone who posted a hostile tweet.
March 01, 2024 at 04:56 PM
6 minute read
Civil Appeals
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a judgment that the city of St. Louis violated the First Amendment because its now-former President of the Board of Aldermen, Lewis Reed, blocked on his Twitter account someone who posted a hostile tweet. See Felts v. Green, 91 F.4th 938 (8th Cir. 2024). The district court had classified Reed's account as a designated public forum and the blocking action as a form of viewpoint discrimination. The case did not become moot either when Reed unblocked the poster after she filed her complaint or when Reed resigned. The Eighth Circuit's substantive holding was that the vast powers of the President of the Board of Aldermen made him the final decisionmaker for the city for Monell liability purposes, even for something like blocking a social-media user.
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