Cite as: 601 U. S. ____ (2024)
3
Opinion of the Court
Freed also posted information related to his job. He described mundane activities, like visiting local high schools,
as well as splashier ones, like starting reconstruction of the
city’s boat launch. He shared news about the city’s efforts
to streamline leaf pickup and stabilize water intake from a
local river. He highlighted communications from other city
officials, like a press release from the fire chief and an annual financial report from the finance department. On occasion, Freed solicited feedback from the public—for instance, he once posted a link to a city survey about housing
and encouraged his audience to complete it.
Freed’s readers frequently commented on his posts,
sometimes with reactions (for example, “Good job it takes
skills” on a picture of his sleeping daughter) and sometimes
with questions (for example, “Can you allow city residents
to have chickens?”). Freed often replied to the comments,
including by answering inquiries from city residents. (City
residents can have chickens and should “call the Planning
Dept for details.”) He occasionally deleted comments that
he thought were “derogatory” or “stupid.”
After the COVID–19 pandemic began, Freed posted about
that. Some posts were personal, like pictures of his family
spending time at home and outdoors to “[s]tay safe” and
“[s]ave lives.” Some contained general information, like
case counts and weekly hospitalization numbers. Others
related to Freed’s job, like a description of the city’s hiring
freeze and a screenshot of a press release about a relief
package that he helped prepare.
Enter Kevin Lindke. Unhappy with the city’s approach
to the pandemic, Lindke visited Freed’s page and said so.
For example, in response to one of Freed’s posts, Lindke
commented that the city’s pandemic response was “abysmal” and that “the city deserves better.” When Freed
posted a photo of himself and the mayor picking up takeout
from a local restaurant, Lindke complained that while “residents [we]re suffering,” the city’s leaders were eating at an