In the April 2025 NJ.com article, “GOP mayor banned me from Facebook page, man says. Is a free speech lawsuit next?”, the limits of free speech in the digital era take center stage. The article explores a growing constitutional debate: can a public official legally block a constituent from an official social media page?
Offering legal insight is Brian M. Block, a Partner in the Litigation Practice Group at Mandelbaum Barrett PC. With a diverse litigation practice spanning commercial, employment, and constitutional matters, Block is also an appointed attorney member of the Supreme Court District V-B Ethics Committee and a respected voice on issues of public accountability and civil rights.
When Does Blocking Become a First Amendment Violation?
As quoted in the article, Block explains that the U.S. Supreme Court has drawn a clear line: “An official’s decision to remove someone from a social media page can be a First Amendment violation ‘if the official had actual authority to speak on the government’s behalf, and the official purported to exercise that authority when he or she engaged in the social media activity.’”
In other words, it’s not just about who is posting, but how they’re using the platform.
“Whether a particular social media activity will satisfy the test can turn on, for example, how a social media page is labeled — official versus private — how the official uses the page, the content and purpose of particular posts, and other relevant factors,” Block added.
A Blurred Line in a Digital World
The legal complexity often lies in whether the official’s page is personal or governmental in nature. If a mayor’s Facebook page regularly features town announcements, public services, and constituent interactions, courts may treat that page as a government-run platform—meaning First Amendment protections apply.
In this specific New Jersey case, the blocked resident may argue that the Facebook page functioned as a digital extension of city hall. If true, the mayor’s decision to silence dissent could be considered unconstitutional viewpoint discrimination.
Have Questions About Social Media Policy or First Amendment Liability?
Reach out to Brian Block and the Litigation Department at Mandelbaum Barrett PC to learn how your organization can stay compliant and prepared in the digital age.The Bigger Picture
This case is a powerful reminder for public officials: the First Amendment doesn’t stop at the doors of a town hall—it extends to the virtual spaces where civic dialogue now lives.
For attorneys, municipalities, and elected officials, this moment serves as an urgent call to:
- Review social media policies and account structures
- Separate personal updates from official communications
- Train staff on best practices for public engagement in digital spaces
As Brian Block’s commentary makes clear, these are not just technical questions—they are constitutional ones.
Have Questions About Social Media Policy or First Amendment Liability?
Reach out to Brian Block and the Litigation Department at Mandelbaum Barrett PC to learn how your organization can stay compliant and prepared in the digital age. You can reach him at block@mblawfirm.com or call 973-243-7981.