In this case, the ACLU argues that public officials who operate their social media pages as opportunities for constituents to discuss issues of public importance are governed by the First Amendment. Accordingly, public officials cannot block posts from constituents because of the viewpoints they express.
The ACLU’s client, Anne Landman, resides in Colorado Senate District 7 in Grand Junction, represented by State Senator Ray Scott.
Ms. Landman speaks out regularly on public policy issues and writes about Colorado politics on her blog. She also uses social media to interact with fellow constituents and elected officials.
In June 2017, she wrote an article critical of Senator Scott’s position regarding climate change and posted it on his official Facebook page. In response, Scott blocked Landman from his Facebook page and official Twitter account.
Senator Scott has refused Landman’s many requests for him to “unblock” and “unban” her. As a result, Landman has been unable to participate in representative government and the public discussions that take place regularly on his official Facebook page and Twitter account.
The ACLU's complaint alleges that Senator Scott violated Ms. Landman's First Amendment rights by blocking and banning her from the interactive portions of his official Facebook page and Twitter account.
ACLU news releases:
- "ACLU sues Colorado State Senator for blocking constituent on social media," ACLU News Release, May 13, 2019
- "ACLU settles case: State Senator much unblock constituent on social media," ACLU News Release, August 30, 2019
Media:
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“ACLU Sues Colorado State Senator For Blocking Critic On Social Media,” CBS News, May 13, 2019
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“Colorado state Senator sued in federal court over blocking constituent on social media,” 9 News, May 13, 2019
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“ACLU sues Republican state lawmaker Ray Scott over social media snub,” The Denver Post, May 13, 2019
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“ACLU sues Colorado state senator over social-media block,” Colorado Politics, May 14, 2019
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“Colorado state senator settles lawsuit over blocking people on social media,” The Denver Post, August 30, 2019
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“A Colorado lawmaker has agreed to stop blocking people on social media after being sued. But the ACLU wanted more,” The Colorado Sun, August 30, 2019
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“Colorado lawmaker unblocks constituent on social media,” 9 News, September 1, 2019
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“Colorado Lawmaker Unblocks Constituent On Social Media After Lawsuit,” CBS News, September 2, 2019
