This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.

If a school board member has a social media account, would it be wrong for them to block someone and delete their comments? That’s a question the Supreme Court has decided to take up after public officials, including two school board members, blocked constituents from seeing their accounts or removed critical comments.

At stake is what constitutes state action — or action taken in an official governmental capacity — on social media. Under the First Amendment, officials engaging in state action cannot restrict individuals’ freedom of speech and expression.

A ruling in the case, likely to come in spring or early summer 2024, could have broad implications for American society, where nearly three-fourths of the population use social media in their daily lives. The ruling could also establish whether social media accounts of public officials should be treated as personal or governmental.

In a joint oral argument, the Supreme Court heard two separate cases on the matter, including the one involving school board members, in late October 2023. Interestingly, lower courts reached opposite outcomes, prompting the question of whether a post on a personal social media page can be considered state action.

Beginning around 2014, two school board candidates in the Poway Unified School District in San Diego created Facebook and Twitter, now X, pages as part of their campaigns for office. They continued to use them after they were elected to communicate with residents and seek their input.

In 2017, the........

© Talking Points Memo