Can Elected Officials Block People on Social Media?
Whether elected officials can block people on social media depends on how the account is used. If you use it to act for the government, blocking a critic can violate the First Amendment.
This guide explains the Supreme Court’s test, how to set up your accounts as a new officeholder and what to do instead of blocking.
The Supreme Court's Test
In Lindke v. Freed (2024), the Court said an official’s social media post counts as government action only if two things are true. The official had actual authority to speak for the government on that subject, and the official was using that authority in the post.
When both are true, the account is acting for the government. Blocking someone from it, or deleting their comments, can then raise First Amendment problems.
Why Mixed Accounts Are Risky
The case involved a city manager in Port Huron, Michigan, whose personal Facebook page mixed family posts with city updates. He deleted a resident’s critical comments and then blocked him.
The Court noted that blocking is broader than deleting a comment. It cuts someone off from every post, including any official ones. A page that mixes personal and official content is the hardest to defend.
On the same day, the Court sent back a similar case involving California school board members, O’Connor-Ratcliff v. Garnier, to be decided under the same test.
Set Up Your Accounts the Right Way
- Personal account. Family and friends. Label it as personal and keep government business off it.
- Campaign account. Run by your campaign, paid for by your campaign and labeled that way.
- Official account. Follows your government’s social media policy and records rules. Treat it as public, because it is.
In Arizona, official posts and messages can be public records, and city or school district resources can’t be used for campaigns. Our guides for a new city council member and a new school board member cover both rules.
What to Do Instead of Blocking
- Post a written, viewpoint-neutral comment policy on official accounts, and apply it the same way to everyone.
- Remove only what the policy covers, like spam or threats, not criticism.
- Mute instead of blocking when someone wears you down. They can still see and comment, and you stop seeing them.
- Ask your government’s attorney before you block anyone from an account that has ever carried official business.
Threats Are Different
Threats aren’t protected speech. Screenshot them, report them to the platform and to law enforcement, and tell your staff or clerk.
Keep a record even of messages that stop short of threats. Patterns matter if things escalate.
The Safe Default for New Officeholders
If you’re unsure, don’t block people on social media from any account you use for official business. Separate your accounts now, before your first controversial vote.
Sutton & Smart works with Democratic officeholders on communications and re-election. Talk to us about your accounts and your first term.
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Jon Sutton
An expert in management, strategy, and field organizing, Jon has been a frequent commentator in national publications.
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