Cite as: 601 U. S. ____ (2024)
7
Opinion of the Court
with variations of the question posed in Griffin: whether a
nominally private person has engaged in state action for
purposes of §1983. See, e.g., Marsh v. Alabama, 326 U. S.
501, 502–503 (1946) (company town); Adickes v. S. H. Kress
& Co., 398 U. S. 144, 146–147 (1970) (restaurant); Flagg
Bros., Inc. v. Brooks, 436 U. S. 149, 151–152 (1978) (warehouse company). Today’s case, by contrast, requires us to
analyze whether a state official engaged in state action or
functioned as a private citizen. This Court has had little
occasion to consider how the state-action requirement applies in this circumstance.
The question is difficult, especially in a case involving a
state or local official who routinely interacts with the public. Such officials may look like they are always on the
clock, making it tempting to characterize every encounter
as part of the job. But the state-action doctrine avoids such
broad-brush assumptions—for good reason. While public
officials can act on behalf of the State, they are also private
citizens with their own constitutional rights. By excluding
from liability “acts of officers in the ambit of their personal
pursuits,” Screws v. United States, 325 U. S. 91, 111 (1945)
(plurality opinion), the state-action requirement “protects a
robust sphere of individual liberty” for those who serve as
public officials or employees, Halleck, 587 U. S., at 808.
The dispute between Lindke and Freed illustrates this
dynamic. Freed did not relinquish his First Amendment
rights when he became city manager. On the contrary, “the
First Amendment protects a public employee’s right, in certain circumstances, to speak as a citizen addressing matters of public concern.” Garcetti v. Ceballos, 547 U. S. 410,
417 (2006). This right includes the ability to speak about
“information related to or learned through public employment,” so long as the speech is not “itself ordinarily within
the scope of [the] employee’s duties.” Lane v. Franks, 573
U. S. 228, 236, 240 (2014). Where the right exists, “editorial
control over speech and speakers on [the public employee’s]