By Tish Gotell Faulks
If you spend enough time on social media, the odds are good: You will either block someone or be blocked; you will delete comments you dislike, and others may delete your comments.
As we approach Election Day, those social media exchanges will only increase as voters discuss their concerns and candidates seek more support.
But what if the deleted comment or blocking occurs on a social media account belonging to a government official, candidate for office, or governmental agency?
Under those circumstances, the First Amendment is a powerful shield to protect not only your speech, but also “the right of the people … to petition the Government for a redress of grievances.”
Freedom of speech and to petition the government are protections upheld since before there was a United States, all the way back to the Magna Carta in 1215. Even on social media, our rights are protected.
However, it is important to note that a social media post on your neighbor’s account is not necessarily protected by the First Amendment, even if your neighbor is a government official or candidate for office.
Social media is like the public square in a small town.
In this public square, people can preach the gospel or campaign for office. Members of this expansive community can praise the new shopping center, exhibit their talent for art or singing or dance, or complain about that new tax to fund development.
Though many social media providers are private actors entitled to their own editorial discretion, when the account holder on a platform is a government agency, official, or a candidate for office, the First Amendment demands that they allow posters to speak, even if that speech is disagreeable or contrary to their preferred speech.
Accordingly, the government official, candidate, or government agency is prohibited from deleting comments or blocking someone from accessing the social media account at issue. Simply disliking a comment or perspective is insufficient grounds for the official, candidate, or agency to silence the poster by deleting their comment or blocking them.
In short, if you or someone you know has been blocked on a government or candidate’s account or had comments deleted, your First Amendment rights may have been infringed.
But what can you do about it?
First, it is important to document that comments have been deleted or someone has been blocked. So long as the comment was not a threat of violence, harassment, or otherwise exempt from constitutional protection, your speech is protected.
Second, it may be helpful to notify the governmental actor or candidate that they have violated the First Amendment and request that they reverse course.
Sometimes, governmental actors are unaware of their obligation not to delete comments or block others for merely disagreeing or posting disagreeable content or a difference of opinion.
Finally, consider filing a complaint with the ACLU of South Carolina.
As we approach yet another important election, it is vital that people take advantage of their constitutional right to petition their government and potential elected officials and debate the issues they desire as they see fit.
Each time the government or a candidate for public office infringes on the rights of those it is sworn to represent, democracy loses.
Tish Gotell Faulks is the voting rights staff attorney for the American Civil Liberties Union of South Carolina. She lives in the Charleston area. If you would like to send in a complaint about being blocked on social media, visit aclusc.org/share-your-story.
