In a ruling written by Justice Amy Coney Barrett, the court acknowledged that it "can be difficult to tell whether the speech is official or private" because of how social media accounts are used.
The court held that conduct on social media can be viewed as a state action when the official in question "possessed actual authority to speak on the state's behalf" and "purported to exercise that authority."
While the officials in both cases have low profiles, the ruling will apply to all public officials who use social media to engage with the public.
Ok so... The outcome of this is likely that it will stop public officials using social media except in an official and professionalised capacity. I suspect that is precisely what they intend anyway. There's probably some people high up who think mixing informal and formal interaction with the public is not good for public figures or institutions as a whole, and they're probably right because it really highlights what totally normal (and often dumb) people they are. Keeping all communications formal, official and with a lofty air of authority promotes a certain degree of reverence for institutions and public offices in the majority of people.
Suing the shit out of them will be funny in the short term but this will strengthen public offices.
I mean sure. But the potential of legal cases will have some effect, not immediately but in the longterm establishing "I can get sued for the way I behave online as a public figure" will have a significant impact on behaviour online of those in office.
I stress the fact that this will only occur if they do in fact get sued successfully and it becomes well established. If they fail to get it to happen and succeed then it will fail to have impact.
I think the most important thing to take note of here is that there are some actively pursuing this. They view it as dangerous.
Imagine if the whole ruling class were identifiable online and you could discern the working class from the top 1% online. Same effect would occur.
Ok so... The outcome of this is likely that it will stop public officials using social media except in an official and professionalised capacity. I suspect that is precisely what they intend anyway. There's probably some people high up who think mixing informal and formal interaction with the public is not good for public figures or institutions as a whole, and they're probably right because it really highlights what totally normal (and often dumb) people they are. Keeping all communications formal, official and with a lofty air of authority promotes a certain degree of reverence for institutions and public offices in the majority of people.
Suing the shit out of them will be funny in the short term but this will strengthen public offices.
you think some kind of professional ethic and sense of self preservation will stop them from being fools online? think again
I mean sure. But the potential of legal cases will have some effect, not immediately but in the longterm establishing "I can get sued for the way I behave online as a public figure" will have a significant impact on behaviour online of those in office.
I stress the fact that this will only occur if they do in fact get sued successfully and it becomes well established. If they fail to get it to happen and succeed then it will fail to have impact.
I think the most important thing to take note of here is that there are some actively pursuing this. They view it as dangerous.
Imagine if the whole ruling class were identifiable online and you could discern the working class from the top 1% online. Same effect would occur.