Technological Transformation of the Public Square: Government Officials Use of Social Media and The First Amendment

Social media has opened a whole new world of opportunity for government officials to communicate with citizens and receive feedback in a timely and cost-effective manner. Gone are the days where local officials personally connected with constituents only through pounding the pavement, running county fair booths, and hosting town hall meetings. When and how they use social media sites for official versus private purposes has created a technology-led evolution in First Amendment jurisprudence, but this evolution is one that is providing slow and confusing legal guidance to elected leaders. At the same time, online applications and new social media platforms are being launched at breakneck speeds. This Article will describe the public forum and government speech doctrines, provide an analysis of internet based communications using these First Amendment principles, and discuss blocking and comment deletions in the context of recent court decisions involving government officials on social media.

Technological-Transformation-of-the-Public-Square_-Government-Off