How a U.S. Supreme Court Decision Could Impact Local Government Transparency in PA
By: Min Xian
The U.S. Supreme Court’s recent ruling established a two-part test to determine when public officials’ social media posts are considered official government actions based on their authority and intent to exercise that power. Cohen Seglias partner Joshua Bonn spoke with Spotlight PA about the ruling, highlighting how it could affect transparency in Pennsylvania, where the Commonwealth Court had developed its own test to assess the public accessibility of officials’ social media posts under the Right-to-Know Law.
A city manager posts on Facebook. Is he speaking with authority as a government employee or exercising his right to free speech in expressing his opinion? In a March ruling, the U.S. Supreme Court created a two-part test to answer that question.
The line between private conduct and state action is dependent “on substance, not labels,” the high court said. Public officials’ actions, including on social media, must meet two conditions to be considered official conduct.
Justice Amy Coney Barrett delivered the court’s unanimous decision. She wrote that a public official “engages in state action” only when they possess actual power to speak about a particular issue and seem inclined to or intend to exercise that power.
