Boies Schiller Flexner partner Scott Gant was quoted in an article by Law360 on the U.S. Supreme Court’s ruling about when a public official’s social media activity can constitute state action.
The court's decision provides vital clarity to the "wild west" of litigation against government officials related to their use of social media, Scott Gant told Law360 in an interview. Gant explained: "The court's decision . . . provides important guidance for these cases, and will result in fewer cases being brought and the resolution of pending cases." Gant added he was heartened to see the Supreme Court explicitly acknowledge the First Amendment rights of government officials acting in their personal capacities, an interest he said courts had previously given insufficient weight to.