Editor: On July 25, in the United States District Court for the Eastern District of Virginia, with respect to the case of Davison v. Loudoun County Board of Supervisors, regarding “the constitutional limitations applicable to social media accounts maintained by elected officials,” Judge James Cacheris made the following ruling:
“The Defendent’s action (i.e., blocking Plaintiff on Facebook) violated Plaintiff’s right of free speech under the First Amendment to the United States Constitution.”
As part of the legal reasoning to support his ruling, Judge Cacheris clarified this point: “The First Amendment applies to speech on social media with no less force than in other forums.”
This declaratory judgment by a federal judge establishes a very important legal precedent that now serves as an explicit legal boundary that needs to be applied to the social media policy of any elected official across all 50 states. Please take heed, Congressman. Your current social media policy violates this court order. If you continue to maintain this policy, you open yourself up to lawsuits from the “hundreds” of constituents who have been blocked (and remain blocked) by you.
On behalf of all constituents in the Fourth Congressional District, this information is provided to you as notice that your unconstitutional social media policy needs to be updated to conform with the recent court order.
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