By Sophia Cope and David Greene / Electronic Frontier Foundation (EFF) After several years of litigation across the federal appellate courts, the U.S. Supreme Court in a unanimous opinion has finally crafted a test that lower courts can use to determine whether a government official engaged in “state action” such that censoring individuals on the official’s social media page even if also used for personal purposes would violate the First Amendment. The case, Lindke v. Freed, came out of the
Woodhull Freedom Foundation has filed an appellate brief with the United States Court of Appeals for the District of Columbia Circuit challenging the constitutionality of the 2018 FOSTA legislation.