Cite as: 601 U. S. ____ (2024)
3
Syllabus
over this critical step. Unless Freed was “possessed of state authority”
to post city updates and register citizen concerns, Griffin, 378 U. S., at
135, his conduct is not attributable to the State. Importantly, Lindke
must show more than that Freed had some authority to communicate
with residents on behalf of Port Huron. The alleged censorship must
be connected to speech on a matter within Freed’s bailiwick. There
must be a tie between the official’s authority and “the gravamen of the
plaintiff’s complaint.” Blum v. Yaretsky, 457 U. S. 991, 1003.
To misuse power, one must possess it in the first place, and §1983
lists the potential sources: “statute, ordinance, regulation, custom, or
usage.” Determining the scope of an official’s power requires careful
attention to the relevant source of that power and what authority it
reasonably encompasses. The threshold inquiry to establish state action is not whether making official announcements could fit within a
job description but whether making such announcements is actually
part of the job that the State entrusted the official to do. Pp. 9–12.
(2) For social-media activity to constitute state action, an official
must not only have state authority, he must also purport to use it. If
the official does not speak in furtherance of his official responsibilities,
he speaks with his own voice. Here, if Freed’s account had carried a
label—e.g., “this is the personal page of James R. Freed”—he would be
entitled to a heavy presumption that all of his posts were personal, but
Freed’s page was not designated either “personal” or “official.” The
ambiguity surrounding Freed’s page requires a fact-specific undertaking in which posts’ content and function are the most important considerations. A post that expressly invokes state authority to make an
announcement not available elsewhere is official, while a post that
merely repeats or shares otherwise available information is more
likely personal. Lest any official lose the right to speak about public
affairs in his personal capacity, the plaintiff must show that the official
purports to exercise state authority in specific posts. The nature of the
social-media technology matters to this analysis. For example, because Facebook’s blocking tool operates on a page-wide basis, a court
would have to consider whether Freed had engaged in state action with
respect to any post on which Lindke wished to comment. Pp. 12–15.
37 F. 4th 1199, vacated and remanded.
BARRETT, J., delivered the opinion for a unanimous Court.