Legal Precedent Suggests Mayor Q Can Likely Block Kansas City Twitter Critics

Over the past year . . . We've posted and listened to more than a few complaints claiming that Mayor Q is censoring his online detractors. 

Remember that Prez Trump was accused of the same tactics. That case made it all the way to the Supreme Court but was ultimately thrown out.

Now . . . Some of the BEST & BRIGHTEST TKC READERS offer insight into current criticism of the city hall honcho.

First . . . Let's take a look at a recent ruling on a somewhat similar case involving a Republican . . .

The First Amendment applies to governmental or “state” action. A private actor can’t be liable for a First Amendment violation.

This prompted the court to pose the question “[s]o . . . did the action complained of here, blocking the Plaintiff constitute official or state action?”

In answering the question, the court noted that the Plaintiff had the burden of establishing that the defendant took the action to block the plaintiff's access on behalf of the state. In the court’s view, she did not. As the court noted, “Defendant blocked the Plaintiff on Defendant’s personal account, not Defendant’s official account.

"Defendant had authority to act on her personal account before taking office and will have that ability after leaving office. In contrast, Defendant did not have the power to block Plaintiff on the official account before taking office and will not have the ability to do so after leaving office.”

A few things . . .

Elected officials blocking people is never a good look . . . But it can be necessary. 

Some of the most relevant criticism has highlighted other nasty comments directed at conservatives that aren't blocked whilst the Mayor seems to have a higher standard against detractors throwing shade his way.

What's most important . . .

All of the social media legal rules are still being written . . . There is no clear, definitive legal answer on the topic at this point. But recent rulings seem to favor blocking.

In the meantime . . . We merely raise the subject that continues to gain traction and thanks to our TIPSTERS for sharing more resources with us . . .

Read more via link . . .

Lauren Boebert's private Twitter account is not a state actor | Strictly Legal

A woman in Colorado recently failed in her efforts to stop Lauren Boebert from blocking the plaintiff's access to Boebert's personal Twitter account. The Colorado based federal court concluded that Boebert was not engaging in "state action" when blocking the plaintiff.