From Arkansas AG opinion 2023-034, issued two weeks ago:
[T]he content-moderation policies for the Arkansas Department of Transportation's "official social media account(s) (such as Twitter, IDRIVE, Arkansas Instagram, Facebook, etc.)" …, which describe the Department's social-media accounts as "limited public forums," authorize the Department to "remove or reject" "user generated posts … when the content:
- contains obscenity;
- contains offensive terms that target protected classes;
- is threatening, harassing, or discriminatory;
- incites or promotes violence or illegal activities;
- contains information that reasonably could compromise someone's safety;
- advertises or promotes a commercial product or service, or any entity or individual; [or]
- promotes or endorses social causes, political campaigns, or candidates." …
The question presented here is not whether a personal social media account operated by an elected official constitutes government action under the First Amendment. Rather, the question here is what First Amendment limitations apply to comment moderation on an official government run social-media account….
The AG notes that constitutionally unprotected "obscenity" and "incitement" can be removed, but as to other matters concludes:
