[22-611] Lindke v. Freed

Lindke v. Freed

Wikipedia · Justia · Docket · oyez.org

Argued on Oct 31, 2023.

Petitioner: Kevin Lindke.
Respondent: James R. Freed.

Advocates:

• Allon Kedem (for the Petitioner)
• Victoria R. Ferres (for the Respondent)
• Masha G. Hansford (for the United States, as amicus curiae, supporting the Respondent)

Facts of the case (from oyez.org)

James Freed created a private Facebook profile that was originally intended to connect with family and friends. Eventually, he grew too popular for Facebook's 5,000-friend limit on profiles. So Freed converted his profile to a "page," which has unlimited "followers" instead of friends and is public so that anyone may "follow" it. Freed designated the page category as "public figure."

In 2014, Freed was appointed city manager for Port Huron, Michigan, so he updated his Facebook page to reflect that new title. On his page, he shared both personal updates about himself and his family and professional updates, including directives and policies he initiated in his official capacity.

Kevin Lindke came across Freed’s page and did not approve of how Freed was handling the pandemic. He posted criticism of Freed in response to Freed’s Facebook page, and Freed deleted the comments and ultimately “blocked” Lindke.

Lindke sued Freed under 42 U.S.C. § 1983 for violating his First Amendment rights by deleting his comments and blocking him. The district court granted summary judgment to Freed, and the U.S. Court of Appeals for the Sixth Circuit affirmed.

Question

When does a public official’s social media activity constitute state action subject to the First Amendment?