Abstract
Over the last decade, American jurisprudence has been playing catch-up as the technological era has taken over the world. Social media has become one of the most prominent and influential tools when put into the hands of everyday people. For government officials, however, while social media serves as an invaluable tool to reach large scale audiences, it also carries certain legal risks. The State Action Doctrine serves as just one legal doctrine struggling to reconcile its own precedent with a changing world. While the Supreme Court may have resolved the doctrine’s applicability to social media for the moment, the many questions surrounding the the doctrine’s application to an entirely new world of media will return to the courthouse steps.
As it stands, the Supreme Court’s approach to this issue is far too insulating of government officials and does not entertain the circumstances that exist outside of a single social media post. It has addressed this issue with respect to one social media platform, but has left other platforms in the dark. This note will present an approach to resolving these issues that is versatile enough to be applied to any platform while taking into account those outside circumstances that must be considered.
Recommended Citation
Diegel, Tristan
(2024)
"The State Action Doctrine in the Era of Social Media: When do Government Officials Cross the Line Between Private Speech and Government Speech?,"
Akron Law Review: Vol. 57:
Iss.
1, Article 3.
Available at:
https://ideaexchange.uakron.edu/akronlawreview/vol57/iss1/3