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LINDKE v. FREED
Opinion of the Court
authorized to speak for the State. Kennedy v. Bremerton
School Dist., 597 U. S. 507, 529 (2022) (quoting Garcetti,
547 U. S., at 424). The inquiry is not whether making official announcements could fit within the job description; it
is whether making official announcements is actually part
of the job that the State entrusted the official to do.
In sum, a defendant like Freed must have actual authority rooted in written law or longstanding custom to speak
for the State. That authority must extend to speech of the
sort that caused the alleged rights deprivation. If the plaintiff cannot make this threshold showing of authority, he
cannot establish state action.
B
For social-media activity to constitute state action, an official must not only have state authority—he must also purport to use it. Griffin, 378 U. S., at 135. State officials have
a choice about the capacity in which they choose to speak.
“[G]enerally, a public employee” purports to speak on behalf
of the State while speaking “in his official capacity or” when
he uses his speech to fulfill “his responsibilities pursuant to
state law.” West, 487 U. S., at 50. If the public employee
does not use his speech in furtherance of his official responsibilities, he is speaking in his own voice.
Consider a hypothetical from the offline world. A school
board president announces at a school board meeting that
the board has lifted pandemic-era restrictions on public
schools. The next evening, at a backyard barbecue with
friends whose children attend public schools, he shares that
the board has lifted the pandemic-era restrictions. The former is state action taken in his official capacity as school
board president; the latter is private action taken in his personal capacity as a friend and neighbor. While the substance of the announcement is the same, the context—an
official meeting versus a private event—differs. He invoked
his official authority only when he acted as school board