From Sidewalks, Streets, and Parks to Social Media: How Should Courts Apply the Public Forum Doctrine in the Digital Age?

Authors

Laurel Wanger

Document Type

Note

Abstract

(Excerpt)

This Note examines the circuit split over whether government officials’ social media pages constitute public forums and analyzes how the Supreme Court settled the doctrinal uncertainty in Lindke v. Freed. Part I presents context for this issue by explaining the origins of the public forum doctrine, the ways in which government officials use social media as a means of interacting with their constituents, and the circuit split regarding the proper test to be used when deciding these issues. Part II provides an overview of the majority test used by the Second, Fourth, Eighth, Ninth, and Eleventh Circuits, and the Sixth Circuit’s stand-alone test. Finally, Part III examines the test established by the Supreme Court in Lindke v. Freed and concludes that it provides a stable and predictable rule for lower courts navigating the evolving landscape of social media and governmental communication.