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Training reviews Lindke v. Freed and urges separation of personal vs. official social accounts
Summary
Robertson summarized the U.S. Supreme Court's Lindke v. Freed (2024) decision and recommended officials keep personal social accounts separate from official accounts to avoid First Amendment liability and records problems.
Ruston’s City Attorney summarized the Lindke v. Freed (2024) ruling and its implications for local officials' social-media use. Robertson said the ruling clarifies that officials’ social-media activity is state action only when the official has actual authority to speak for the government; otherwise, personal accounts generally are not government action. She recommended separating official and personal accounts and placing disclaimers on personal pages to reduce risk.
Robertson cautioned that deleting or blocking users from official government accounts can implicate First Amendment concerns and that deleted posts are still potentially public records that must be retained. She advised officials to consult staff and legal counsel before changing social-media practices and suggested updating city social-media policies to align with the case law.
