Brown v. Gordy

On July 22, 2025, the United States Supreme Court issued a landmark ruling in Brown v. Gordy. The case originated when Kevin Brown, a resident of Portage, Michigan, was blocked from the official Facebook page of City Councilwoman Sarah Gordy after posting critical comments regarding her policy decisions. Brown filed a lawsuit under 42 U.S.C. § 1983, alleging that Gordy violated his First Amendment free speech rights by creating an unconstitutional viewpoint-based restriction in a designated public forum. The Court unanimously held that a public official who uses a social media account as an instrument of governance engages in state action, and blocking a constituent from that account based on their expressed views constitutes impermissible viewpoint discrimination. The decision extended the principles established in Lindke v. Freed to all levels of local government.

The Supreme Court affirmed the lower court's judgment, ruling 9-0 in favor of Brown. The Court held that Councilwoman Gordy's blocking of the constituent was unconstitutional viewpoint discrimination.

Whether a local elected official's act of blocking a constituent from a social media account used for official government business constitutes state action subject to First Amendment scrutiny.

The ruling established clear guidelines for the online conduct of thousands of elected officials nationwide, reinforcing that the First Amendment applies with full force in digital public forums. It led to the unblocking of countless constituents and prompted municipalities to adopt formal social media policies to prevent civil rights litigation.