What To Do if You're Censored by a Public Official on Social Media

If a public official uses their account to communicate with the public in their role as an elected official, then their page or account is subject to the First Amendment, which protects free speech. That means they cannot engage in most forms of censorship, such as blocking someone or deleting someone’s comments simply because of the subject or their opinion.

That's because courts generally classify official social media pages for elected representatives and government organizations as "public forums"—meaning they have some of the strongest protections for free speech guaranteed by the First Amendment.

Last updated April 2022

Documentation

• Take photos or screenshots of the social media account that you were blocked from engaging with or censored by. Try to document your posts leading up to being blocked as well as any communications, notifications, or messages about your post(s), and the decision to block you or remove your posts.

Confirmation

• Follow this flowchart to determine if your constitutional rights may have been violated

Take Action

• If the flowchart determines your rights may have been violated, contact the elected official via phone or email and ask to be unblocked.
• If you receive no response to the above request, download and personalize the ACLU of Iowa’s Template Demand Letter and send it to the elected official. (This letter is only a model intended for use by you; it does not constitute legal advice and does not create an attorney-client relationship.)

Request Assistance

• If you send a letter and receive no response from the elected official after 30 days, contact the ACLU of Iowa by emailing legal.program@aclu-ia.org.
• Please include any documentation you’ve collected and all your communications with your public official or their staff about being blocked or censored.

Last updated April 2022

• Yes, in some, but not all, cases.
• When public officials use social media to conduct government business, blocking people from seeing their page or posting comments may violate the First Amendment, especially if they are allowing others to post comments. If an elected official or government agency uses their social media to share government information, they cannot limit who gets to see that content because of particular opinions.
• A government official or page is under no obligation to take public comments and may turn off all comments. But if they do turn off comments, they cannot then allow some comments and not others; that is, they cannot filter which views get to be expressed in the comments and which don't.
• If the social media account is a personal account or campaign account associated with a government official, the First Amendment might not apply.

Last updated April 2022

There is no bright-line rule to determine if a social media site is used for government business. In the prominent court cases addressing social media blocking, judges have looked at various factors (below) to consider whether a page is used for government business and, therefore, must be open to the public.

A social media page is likely conducting government business if the page:

• Has links to a public office’s address, email, or phone number
• Displays government symbols
• Shares information about government services or meetings
• Asks for input about how government business should be conducted
• Allows individuals to ask for government services through the account

PLEASE NOTE: This standard does not apply to an official’s personal or campaign social media pages—campaign and personal pages are NOT subject to the First Amendment. Campaign and personal pages can block you.

Factors to consider in determining if a page is a campaign page (Note: it is extremely important to go back to when the page was first created in addressing these factors):

• If the page says “campaign” or similar words in the bio or notes section
• If the page was originally created to promote an official’s candidacy for office
• If the official uses the page to solicit bids or promote policies for candidacy
• If posts promote the idea that the official is fulfilling their campaign promises

Last updated April 2022

No. Because every social media page is different, each instance of censorship needs to be evaluated based on its specific facts.

Public officials can block comments not protected by the First Amendment, such as remarks that make a true and immediate threat to another person, incite others to imminently violate the law, or contain obscene language as defined by the U.S. Supreme Court.

Additionally, government entities and elected officials can establish a content-neutral social media policy, and the policy may not violate the First Amendment. The policy adopted must be enforced in a viewpoint-neutral and fair manner for all users. Comments that praise or criticize the official or government agency on a particular subject are allowed and cannot be deleted or blocked.

Last updated April 2022

No. Just because an individual gained public office doesn’t mean they are banned from having a private life or private social media. For First Amendment restrictions to apply, a social media page must be run by a government actor for the purposes of conducting government business.

For example, a state senator’s personal Facebook page, where they post photos of their kids and reviews of their favorite books or movies, does not qualify as an official government page. The senator can limit their audience and curate messages on their personal page just like any other private person.

Last updated April 2022

Not every page operated by a public official is a government account. A campaign page, to announce candidacy, and solicit funds and support for an election, is considered a private account. That's because a candidate, the person, is not a public official (at least not yet). So they can limit their audience and curate their message, including by censoring and blocking.

A social media account is considered a campaign account if it:

• Includes “campaign” or similar words in the bio or notes section
• Was originally created to promote an official’s candidacy for office
• Solicits bids or promotes policies for candidacy
• Promotes the idea that the official is fulfilling their campaign promises

Last updated April 2022

• Blog, "Court Rules Public Officials Can’t Block Critics on Facebook"
• Blog, "Can a Government Official Block You on Twitter?"