Alliance Defending Freedom attorneys filed a friend-of-the-court brief Tuesday with the U.S. Supreme Court in O’Connor-Ratcliff v. Garnier, a lawsuit involving government censorship on social media. ADF attorneys filed the brief as co-counsel with Brown Fox PLLC on behalf of the Manhattan Institute, a nonprofit public-policy research foundation with the mission to develop and disseminate new ideas that foster economic choice and individual responsibility.
The case involves two southern California school board members who used Facebook and Twitter to communicate government information to the public, and two parents who were censored and ultimately blocked by the school officials after criticizing the officials on those accounts. The parents sued over the violation of their First Amendment rights, and a lower court and the U.S. Court of Appeals for the 9th Circuit both agreed that the parents’ speech had been suppressed by government action.
“Social media is the modern public square, and government officials need to be held responsible when they act in their public capacity to suppress speech,” said ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch. “Government officials cannot hide behind technology to pick and choose which viewpoints are allowed on issues of public concern. At the same time, government officials retain their own free speech rights to voice their personal views. We urge the court to hold government actors responsible when the purpose and appearance of their social media interactions reflect government censorship, while protecting their freedom of speech when using social media for private purposes.”
In Your Inbox
The brief explains that allowing government officials who use social media to censor unfavorable viewpoints hinders the ability of groups like the Manhattan Institute to “promote uninhibited debate on important issues.” But the brief also notes that government officials are citizens with their own First Amendment rights that are worthy of protection.
“Using social media is not a free pass to suppress speech. Online forums promote a free and open exchange of ideas,” said ADF Senior Counsel and Senior Vice President of Corporate Engagement Jeremy Tedesco. “Social media gives Americans the ability to access the public square anywhere, at any time, from the palm of their hand. That online public square moves fast, and it’s vital for the Supreme Court to uphold First Amendment protections for all citizens, including government officials. When elected officials participate in that public square in their official capacity, they cannot censor viewpoints they don’t like.”
“In the brave new digital world, it’s important for citizens to know when public officials are bringing the full weight of government authority to bear rather than just speaking for themselves,” added Ilya Shapiro of the Manhattan Institute. “Thankfully, judges don’t need to invent any new jurisprudence, because traditional state-action doctrine and forum analysis give us everything we need to determine when public officials’ social-media posts implicate the First Amendment.”
“Essential to the American way of life is the right to freely engage in public discourse,” said Cort Thomas of Brown Fox PLLC. “Whether in the town square or the digital square, Americans should not face reprisal from the state for exercising their First Amendment right. We are honored to speak into this critical constitutional issue.”
Alliance Defending Freedom (ADF) is the world’s largest legal organization committed to protecting religious freedom, free speech, the sanctity of life, marriage and family, and parental rights.
Editor’s Note: Why Is This News Biblically Relevant?
Social Media companies have regularly censored views that are deemed incompatible with leftist ideologies. The targeting of Biblical morality has been prevalent, not only using social media to silence the voices of Christians but also to bring about severe ramifications, including the loss of employment.
Jack Hibbs, in his article, “We Won’t Be Silenced: The Time Is Now For The Church To Stand Against Censorship Tyranny,” wrote:
American citizens better be concerned about the precarious state of their First Amendment rights. The assault is real, it’s happening right now, and it’s time to take a stand.
It’s not a coincidence that free speech and freedom of religion are foundational to the U.S. Constitution. Our founders knew that without these two building blocks, our society would crumble. That’s why it’s frightening when we see more and more instances of censorship and government overreach threatening these basic rights…
It’s clear that something has gone seriously wrong in American society when the freedoms that millions of its citizens have died protecting, are discarded with such callousness. As Christians, we are not to stand idly by and allow this to continue. The Bible tells us in 2 Thessalonians that there is a restraining force in the world at work to hold wickedness at bay. That force is the Holy Spirit dwelling within His people, and it is our duty as the Church to fight against the powers of darkness…
We must not be afraid to speak the truth and share the love of Christ with others, even when it’s unpopular or inconvenient.
Franklin Graham, in a recent keynote speech at the National Religious Broadcasters Convention, warned believers that a “storm is coming” with regard to our ability to freely share the Gospel.
“If you’re not going to preach the Gospel, you don’t have anything to worry about. If you’re not going to talk about sin, you’re not going to have anything to worry about; but if you’re going to proclaim the Gospel, they’re going to try to shut you up,” he explained.
“Jesus told us the world hated [Him] first and they’re going to hate you. If you stand for Christ, the world is going to hate you,” Graham underscored. “Preach—don’t back up, don’t make excuses. Paul said, ‘I am not ashamed of the Gospel.’ … Don’t apologize for the Gospel—just declare it, just preach it.”
