(l-r) Harlan Stone, Anna S. Jewart, and Alexandra Farone of Babst, Calland, Clements and Zomnir. Courtesy photos Public Posting 2.0: High Court Creates Test for When Social Media Posts Are State Action
On March 15, the U.S. Supreme Court weighed in on an issue that more directly impacts the legal interests of public officials: When does a public official's social media activity on a personal account constitute state action under 42 U.S.C. Section 1983, subjecting the public official to liability?
April 12, 2024 at 12:40 PM
7 minute read
State and Local Government
In August 2023, we discussed the ongoing trend of recent cases to blur the line between public officials' "public" and "private" digital communications and social media, focusing primarily on two 2023 Pennsylvania Commonwealth Court cases—Penncrest School District v. Cagle and Wyoming Borough v. Boyer. In these cases the courts were called upon to decide when a public official's own social media posts are "public" and therefore subject to disclosure under the Pennsylvania Right-to-Know Law (RTKL). While release of messages or comments intended to be kept private can be embarrassing, on March 15, the U.S. Supreme Court weighed in on an issue that more directly impacts the legal interests of public officials: When does a public official's social media activity on a personal account constitute state action under 42 U.S.C. Section 1983, subjecting the public official to liability?
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