Does the First Amendment prohibit government agencies or individuals who work for a government from blocking followers on social media?
If a social media account is being used for government business, the First Amendment prohibits blocking followers. So, an account dedicated to a government agency’s work cannot block followers. When an individual who works in government posts about their work, whether they may block followers is more complicated. If an individual posts content on behalf of the government, with authority to speak on behalf of the government with respect to the content, then the individual may not block followers. However, if an individual who works in government has an account to which they only post personal content, that person would be allowed to block followers on that account.
Can an official government social media channel limit comments on its posts?
An official government social media channel can turn off all commenting on a post without encroaching on First Amendment violations. However, if a government’s social media channel selectively deletes or limits an individual’s ability to leave a comment but allows others to continue commenting, that would be a violation of the First Amendment. An exception to this is if a comment itself is a violation of the First Amendment (e.g. advocating violence).
What should I do if I suspect that an account of a government agency or individual is violating the First Amendment on social media?
Collect any information that shows the social media account is used for government business and proves that you were blocked, including screenshots.
Contact the office of the elected leader or government agency and politely request that you be unblocked. You can include references to this page and/or the screenshots or other evidence that you collected.
If you do not receive a response and the government agency or elected official is from Pennsylvania, you can file a complaint with ACLU-PA here: https://www.aclupa.org/en/help-resources/file-complaint.
What is the ACLU of Pennsylvania’s position on free speech on its own social media channels?
You can read our social media policy here: https://www.aclupa.org/social-media-policy.
