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Charles J. Russo, Joseph Panzer Chair in Education and Research Professor of Law, University of Dayton

School board members could soon be blocked from blocking people − and deleting their comments − on social media

A California couple sued two school board members who blocked them on Facebook after they made critical remarks. OsakaWayne Studios via Getty Images

If a school board member has a social media account, would it be wrong for them to block someone and delete their comments? That’s a question the Supreme Court has decided to take up after public officials, including two school board members, blocked constituents from seeing their accounts or removed critical comments.

At stake is what constitutes state action – or action taken in an official governmental capacity – on social media. Under the First Amendment, officials engaging in state action cannot restrict individuals’ freedom of speech and expression.

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