Lindke v. Freed

Summary

Kevin Lindke, a resident of Port Huron, Michigan, filed a lawsuit against James R. Freed, the city manager, alleging a violation of his First Amendment rights. Freed, who served as the city manager, maintained a Facebook page where he posted about city programs, policies, and personal updates. Lindke criticized Port Huron's response to the COVID-19 pandemic in comments on Freed's page, prompting Freed to block Lindke's accounts and delete his comments. Lindke argued that Freed's actions violated his First Amendment rights.

Updates

September 27, 2021. The District Court grants the plaintiff’s motion for summary judgment, stating that “ Freed’s actions in deleting comments by Plaintiff Kevin Lindke on Freed’s Facebook page and later blocking Lindke from the page were not state action that required him to conform to constitutional strictures. Lindke appeals the decision.

June 27, 2022. The Court of Appeals for the Sixth Circuit affirms the District Court’s decision, arguing Freed “was acting in his personal capacity” in maintaining the Facebook page, and as a result “there was no state action” that would be subject to constitutional scrutiny.

December 29, 2022. Lindke petitions the Supreme Court to review, asking the court to decide “Whether a public official’s social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.” Freed files a brief in opposition to the petition on March 3, 2022. Lindke files a reply on March 20, 2023.

April 24, 2023. Supreme Court grants petition (No. 22-611). Lindke files a brief for the petitioner on June 23, 2023. Freed files a brief for the respondent on August 8, 2023. Lindke files a reply of petitioner on September 7, 2023.

October 31, 2023. The Supreme Court listens to oral arguments for the case. Prior to oral arguments, the court granted the U.S. Solicitor General’s request to participate.