O’Connor-Ratcliff v. Garnier (2024)

O’Connor-Ratcliff v. Garnier was a SCOTUS in the Classroom case. It was decided on March 15, 2024.

This case decided whether public officials using their own social media accounts to communicate about their jobs with the public violate the First Amendment when they block users from those sites.

Each term Street Law selects the most classroom-relevant, student-friendly cases as our SCOTUS in the Classroom cases. Teachers are encouraged to conduct moot courts the same week the case is argued, giving students the opportunity to follow discussion and analysis in the news and listen to or read a transcript of the actual oral arguments.

Case Issue:

Does a public official engage in state action subject to the First Amendment by blocking an individual from the official’s personal social media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty?

Case Briefs:

• Brief of Petitioner: O’Connor-Ratcliff
• Brief of Respondents: Garnier

Oral Argument:

• Audio recording and transcript of the oral argument from the Supreme Court

Decision:

• Link to the opinion of the Court (to be posted after decision is announced)

News Articles and Resources:

• SCOTUSblog: “Justices add two cases on liability of officials who block critics on social media” (April 24, 2023)
• ACLU (American Civil Liberties Union): “O’Connor-Ratcliff v. Garnier and Lindke v. Freed” (August 16, 2023)
• ADF (Alliance Defending Freedom): “Social media isn’t a free pass to suppress speech” (August 15, 2023)