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Abstract

Social media has revolutionized the way people communicate and created new questions about what is considered free speech. Part of this trend is how government officials – ranging from small town mayors to the President of the United States – are using social media websites like Facebook and Twitter. Many social media websites provide the ability for users to block others from seeing their posts, which can create controversy for government officials. If a government official blocks a constituent, courts usually examine whether the official was operating his or her social media account for either personal or governmental purposes. If the account was being used for the latter, there could be a First Amendment claim present. This Note examines the divided views between courts on governmental officials’ use of the block function on their social media pages and how it could be considered viewpoint discrimination under the First Amendment if the page is used for governmental purposes.

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