A critical mass of courts — including the three Circuit Court of Appeals to have so far addressed the issue — find that it constitutes unconstitutional viewpoint discrimination in violation of the First Amendment for a public official who operates an interactive social media account in their capacity as a state actor to deny individuals access to that account based on dislike of or disagreement with their speech.
Viewpoint Discrimination in a Virtual Public Forum: When Government Officials Block Citizens on Social Media authored by Clinic Director Clare Norins and UGA law student Mark Bailey, discusses the elements of the First Amendment claims that arise from social media blocking, the factors that courts consider in adjudicating these claims, and immunity issues. The paper concludes with considerations for avoiding First Amendment complaints in connection with public officials’ social media use.*
*Current as dated and not intended to be legal advice.