2
LINDKE v. FREED
Opinion of the Court
exercise that authority when he spoke on social media.
I
A
Sometime before 2008, while he was a college student,
James Freed created a private Facebook profile that he
shared only with “friends.” In Facebook lingo, “friends” are
not necessarily confidants or even real-life acquaintances.
Users become “friends” when one accepts a “friend request”
from another; after that, the two can generally see and comment on one another’s posts and photos. When Freed, an
avid Facebook user, began nearing the platform’s 5,000friend limit, he converted his profile to a public “page.” This
meant that anyone could see and comment on his posts.
Freed chose “public figure” for his page’s category, “James
Freed” for its title, and “JamesRFreed1” as his username.
Facebook did not require Freed to satisfy any special criteria either to convert his Facebook profile to a public page or
to describe himself as a public figure.
In 2014, Freed was appointed city manager of Port Huron, Michigan, and he updated his Facebook page to reflect
the new job. For his profile picture, Freed chose a photo of
himself in a suit with a city lapel pin. In the “About” section, Freed added his title, a link to the city’s website, and
the city’s general email address. He described himself as
“Daddy to Lucy, Husband to Jessie and City Manager, Chief
Administrative Officer for the citizens of Port Huron, MI.”
As before his appointment, Freed operated his Facebook
page himself. And, as before his appointment, Freed posted
prolifically (and primarily) about his personal life. He uploaded hundreds of photos of his daughter. He shared about
outings like the Daddy Daughter Dance, dinner with his
wife, and a family nature walk. He posted Bible verses, updates on home-improvement projects, and pictures of his
dog, Winston.