Cite as: 601 U. S. ____ (2024)
1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
United States Reports. Readers are requested to notify the Reporter of
Decisions, Supreme Court of the United States, Washington, D. C. 20543,
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SUPREME COURT OF THE UNITED STATES
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No. 22–611
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KEVIN LINDKE, PETITIONER v. JAMES R. FREED
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SIXTH CIRCUIT
[March 15, 2024]
JUSTICE BARRETT delivered the opinion of the Court.
Like millions of Americans, James Freed maintained a
Facebook account on which he posted about a wide range of
topics, including his family and his job. Like most of those
Americans, Freed occasionally received unwelcome comments on his posts. In response, Freed took a step familiar
to Facebook users: He deleted the comments and blocked
those who made them.
For most people with a Facebook account, that would
have been the end of it. But Kevin Lindke, one of the unwelcome commenters, sued Freed for violating his right to
free speech. Because the First Amendment binds only the
government, this claim is a nonstarter if Freed posted as a
private citizen. Freed, however, is not only a private citizen
but also the city manager of Port Huron, Michigan—and
while Freed insists that his Facebook account was strictly
personal, Lindke argues that Freed acted in his official capacity when he silenced Lindke’s speech.
When a government official posts about job-related topics
on social media, it can be difficult to tell whether the speech
is official or private. We hold that such speech is attributable to the State only if the official (1) possessed actual authority to speak on the State’s behalf, and (2) purported to