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On March 15, 2024, the U.S. Supreme Court issued a decision in Lindke v. Freed that lays out a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public official’s posts on social media are attributable to the government if the official had the actual authority to speak on the government’s behalf and the official purported to speak on the government’s behalf.
James Freed started a private Facebook page in 2008. He used the platform prolifically and had thousands of friends. Facebook limits a user’s total number of