First Amendment

On March 15, 2024, the United States Supreme Court issued a decision in Lindke v. Freed, 601 U.S. 187 (2024), which articulates a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public official’s posts on social media are attributable to the government if (1) the official had the actual authority to speak on the government’s behalf, and (2) the official purported to speak on the government’s behalf.
Continue Reading When is Social Media Activity by Officials Attributable to the Government?

As he so often did during his 15 years as the Green Bay Packers MVP quarterback, Brett Favre has dominated the news cycle during the NFL’s playoff season this year. This time, however, it is for what he is doing in a Mississippi courtroom rather than on the frozen tundra of Lambeau Field. After a Mississippi state audit revealed the misuse of money from the state’s welfare program, Favre heaved up three defamation lawsuits against a Mississippi state official
Continue Reading What First Amendment Hurdles Will Former Packer Brett Favre Face in Defamation Cases?