Public officials use social media to communicate, and whether an account is
governmental determines whether blocking or deleting comments is
unconstitutional.
State action test. An official’s social media activity constitutes state
action only if the official possessed actual authority to speak on the state’s
behalf on the matter and purported to exercise that authority in the relevant
posts.
Mixed-use accounts. Where an official posts both personal and official
content, the analysis proceeds post by post, which makes blocking a user from
the entire account risky because it forecloses access to official posts.
If the account is governmental, comment sections are typically limited
public forums. Viewpoint-based deletion and blocking are unconstitutional;
neutral rules against obscenity, threats, off-topic content and spam are
generally permissible if applied consistently and published.
Practical guidance for officials. Maintain separate personal and official
accounts; label the official one; publish comment moderation rules; document any
removal with the rule applied; and prefer hiding or muting policies that are
neutral and disclosed over blocking.
Records retention. Posts and comments on official accounts are public
records subject to retention schedules, and deleting them may violate records
law independently of the constitutional question.
