Lindke v. Freed

(Slip Opinion)              OCTOBER TERM, 2023                                       1

                                       Syllabus

         NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
       being done in connection with this case, at the time the opinion is issued.
       The syllabus constitutes no part of the opinion of the Court but has been
       prepared by the Reporter of Decisions for the convenience of the reader.
       See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.


SUPREME COURT OF THE UNITED STATES

                                       Syllabus

                             LINDKE v. FREED

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
                  THE SIXTH CIRCUIT

    No. 22–611.      Argued October 31, 2023—Decided March 15, 2024
James Freed, like countless other Americans, created a private Facebook
  profile sometime before 2008. He eventually converted his profile to a
  public “page,” meaning that anyone could see and comment on his
  posts. In 2014, Freed updated his Facebook page to reflect that he was
  appointed city manager of Port Huron, Michigan, describing himself
  as “Daddy to Lucy, Husband to Jessie and City Manager, Chief Admin-
  istrative Officer for the citizens of Port Huron, MI.” Freed continued
  to operate his Facebook page himself and continued to post prolifically
  (and primarily) about his personal life. Freed also posted information
  related to his job, such as highlighting communications from other city
  officials and soliciting feedback from the public on issues of concern.
  Freed often responded to comments on his posts, including those left
  by city residents with inquiries about community matters. He occa-
  sionally deleted comments that he considered “derogatory” or “stupid.”
     After the COVID–19 pandemic began, Freed posted about it. Some
  posts were personal, and some contained information related to his job.
  Facebook user Kevin Lindke commented on some of Freed’s posts, un-
  equivocally expressing his displeasure with the city’s approach to the
  pandemic. Initially, Freed deleted Lindke’s comments; ultimately, he
  blocked him from commenting at all. Lindke sued Freed under 42
  U. S. C. §1983, alleging that Freed had violated his First Amendment
  rights. As Lindke saw it, he had the right to comment on Freed’s Fa-
  cebook page because it was a public forum. The District Court deter-
  mined that because Freed managed his Facebook page in his private
  capacity, and because only state action can give rise to liability under
  §1983, Lindke’s claim failed. The Sixth Circuit affirmed.
Held: A public official who prevents someone from commenting on the
 official’s social-media page engages in state action under §1983 only if
2                            LINDKE v. FREED

                                   Syllabus

    the official both (1) possessed actual authority to speak on the State’s
    behalf on a particular matter, and (2) purported to exercise that au-
    thority when speaking in the relevant social-media posts. Pp. 5–15.
       (a) Section 1983 provides a cause of action against “[e]very person
    who, under color of any statute, ordinance, regulation, custom, or us-
    age, of any State” deprives someone of a federal constitutional or stat-
    utory right. (Emphasis added.) Section 1983’s “under color of” text
    makes clear that it is a provision designed as a protection against acts
    attributable to a State, not those of a private person. In the run-of-
    the-mill case, state action is easy to spot. Courts do not ordinarily
    pause to consider whether §1983 applies to the actions of police offic-
    ers, public schools, or prison officials. Sometimes, however, the line
    between private conduct and state action is difficult to draw. In Griffin
    v. Maryland, 378 U. S. 130, for example, it was the source of the power,
    not the identity of the employer, which controlled in the case of a dep-
    utized sheriff who was held to have engaged in state action while em-
    ployed by a privately owned amusement park. Since Griffin, most
    state-action precedents have grappled with whether a nominally pri-
    vate person engaged in state action, but this case requires analyzing
    whether a state official engaged in state action or functioned as a pri-
    vate citizen.
       Freed’s status as a state employee is not determinative. The distinc-
    tion between private conduct and state action turns on substance, not
    labels: Private parties can act with the authority of the State, and state
    officials have private lives and their own constitutional rights—includ-
    ing the First Amendment right to speak about their jobs and exercise
    editorial control over speech and speakers on their personal platforms.
    Here, if Freed acted in his private capacity when he blocked Lindke
    and deleted his comments, he did not violate Lindke’s First Amend-
    ment rights—instead, he exercised his own. Pp. 5–8.
       (b) In the case of a public official using social media, a close look is
    definitely necessary to categorize conduct. In cases analogous to this
    one, precedent articulates principles to distinguish between personal
    and official communication in the social-media context. A public offi-
    cial’s social-media activity constitutes state action under §1983 only if
    the official (1) possessed actual authority to speak on the State’s be-
    half, and (2) purported to exercise that authority when he spoke on
    social media. The appearance and function of the social-media activity
    are relevant at the second step, but they cannot make up for a lack of
    state authority at the first. Pp. 8–15.
          (1) The test’s first prong is grounded in the bedrock requirement
    that “the conduct allegedly causing the deprivation of a federal right
    be fairly attributable to the State.” Lugar v. Edmondson Oil Co., 457
    U. S. 922, 937 (emphasis added). Lindke’s focus on appearance skips
                      Cite as: 601 U. S. ____ (2024)                        3

                                  Syllabus

  over this critical step. Unless Freed was “possessed of state authority”
  to post city updates and register citizen concerns, Griffin, 378 U. S., at
  135, his conduct is not attributable to the State. Importantly, Lindke
  must show more than that Freed had some authority to communicate
  with residents on behalf of Port Huron. The alleged censorship must
  be connected to speech on a matter within Freed’s bailiwick. There
  must be a tie between the official’s authority and “the gravamen of the
  plaintiff’s complaint.” Blum v. Yaretsky, 457 U. S. 991, 1003.
     To misuse power, one must possess it in the first place, and §1983
  lists the potential sources: “statute, ordinance, regulation, custom, or
  usage.” Determining the scope of an official’s power requires careful
  attention to the relevant source of that power and what authority it
  reasonably encompasses. The threshold inquiry to establish state ac-
  tion is not whether making official announcements could fit within a
  job description but whether making such announcements is actually
  part of the job that the State entrusted the official to do. Pp. 9–12.
       (2) For social-media activity to constitute state action, an official
  must not only have state authority, he must also purport to use it. If
  the official does not speak in furtherance of his official responsibilities,
  he speaks with his own voice. Here, if Freed’s account had carried a
  label—e.g., “this is the personal page of James R. Freed”—he would be
  entitled to a heavy presumption that all of his posts were personal, but
  Freed’s page was not designated either “personal” or “official.” The
  ambiguity surrounding Freed’s page requires a fact-specific undertak-
  ing in which posts’ content and function are the most important con-
  siderations. A post that expressly invokes state authority to make an
  announcement not available elsewhere is official, while a post that
  merely repeats or shares otherwise available information is more
  likely personal. Lest any official lose the right to speak about public
  affairs in his personal capacity, the plaintiff must show that the official
  purports to exercise state authority in specific posts. The nature of the
  social-media technology matters to this analysis. For example, be-
  cause Facebook’s blocking tool operates on a page-wide basis, a court
  would have to consider whether Freed had engaged in state action with
  respect to any post on which Lindke wished to comment. Pp. 12–15.
37 F. 4th 1199, vacated and remanded.

  BARRETT, J., delivered the opinion for a unanimous Court.
                        Cite as: 601 U. S. ____ (2024)                              1

                             Opinion of the Court

     NOTICE: This opinion is subject to formal revision before publication in the
     United States Reports. Readers are requested to notify the Reporter of
     Decisions, Supreme Court of the United States, Washington, D. C. 20543,
     pio@supremecourt.gov, of any typographical or other formal errors.


SUPREME COURT OF THE UNITED STATES
                                   _________________

                                   No. 22–611
                                   _________________


  KEVIN LINDKE, PETITIONER v. JAMES R. FREED
 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
            APPEALS FOR THE SIXTH CIRCUIT
                                [March 15, 2024]

   JUSTICE BARRETT delivered the opinion of the Court.
   Like millions of Americans, James Freed maintained a
Facebook account on which he posted about a wide range of
topics, including his family and his job. Like most of those
Americans, Freed occasionally received unwelcome com-
ments on his posts. In response, Freed took a step familiar
to Facebook users: He deleted the comments and blocked
those who made them.
   For most people with a Facebook account, that would
have been the end of it. But Kevin Lindke, one of the un-
welcome commenters, sued Freed for violating his right to
free speech. Because the First Amendment binds only the
government, this claim is a nonstarter if Freed posted as a
private citizen. Freed, however, is not only a private citizen
but also the city manager of Port Huron, Michigan—and
while Freed insists that his Facebook account was strictly
personal, Lindke argues that Freed acted in his official ca-
pacity when he silenced Lindke’s speech.
   When a government official posts about job-related topics
on social media, it can be difficult to tell whether the speech
is official or private. We hold that such speech is attribut-
able to the State only if the official (1) possessed actual au-
thority to speak on the State’s behalf, and (2) purported to
2                     LINDKE v. FREED

                      Opinion of the Court

exercise that authority when he spoke on social media.
                               I
                              A
   Sometime before 2008, while he was a college student,
James Freed created a private Facebook profile that he
shared only with “friends.” In Facebook lingo, “friends” are
not necessarily confidants or even real-life acquaintances.
Users become “friends” when one accepts a “friend request”
from another; after that, the two can generally see and com-
ment on one another’s posts and photos. When Freed, an
avid Facebook user, began nearing the platform’s 5,000-
friend limit, he converted his profile to a public “page.” This
meant that anyone could see and comment on his posts.
Freed chose “public figure” for his page’s category, “James
Freed” for its title, and “JamesRFreed1” as his username.
Facebook did not require Freed to satisfy any special crite-
ria either to convert his Facebook profile to a public page or
to describe himself as a public figure.
   In 2014, Freed was appointed city manager of Port Hu-
ron, Michigan, and he updated his Facebook page to reflect
the new job. For his profile picture, Freed chose a photo of
himself in a suit with a city lapel pin. In the “About” sec-
tion, Freed added his title, a link to the city’s website, and
the city’s general email address. He described himself as
“Daddy to Lucy, Husband to Jessie and City Manager, Chief
Administrative Officer for the citizens of Port Huron, MI.”
   As before his appointment, Freed operated his Facebook
page himself. And, as before his appointment, Freed posted
prolifically (and primarily) about his personal life. He up-
loaded hundreds of photos of his daughter. He shared about
outings like the Daddy Daughter Dance, dinner with his
wife, and a family nature walk. He posted Bible verses, up-
dates on home-improvement projects, and pictures of his
dog, Winston.
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                      Opinion of the Court

   Freed also posted information related to his job. He de-
scribed mundane activities, like visiting local high schools,
as well as splashier ones, like starting reconstruction of the
city’s boat launch. He shared news about the city’s efforts
to streamline leaf pickup and stabilize water intake from a
local river. He highlighted communications from other city
officials, like a press release from the fire chief and an an-
nual financial report from the finance department. On oc-
casion, Freed solicited feedback from the public—for in-
stance, he once posted a link to a city survey about housing
and encouraged his audience to complete it.
   Freed’s readers frequently commented on his posts,
sometimes with reactions (for example, “Good job it takes
skills” on a picture of his sleeping daughter) and sometimes
with questions (for example, “Can you allow city residents
to have chickens?”). Freed often replied to the comments,
including by answering inquiries from city residents. (City
residents can have chickens and should “call the Planning
Dept for details.”) He occasionally deleted comments that
he thought were “derogatory” or “stupid.”
   After the COVID–19 pandemic began, Freed posted about
that. Some posts were personal, like pictures of his family
spending time at home and outdoors to “[s]tay safe” and
“[s]ave lives.” Some contained general information, like
case counts and weekly hospitalization numbers. Others
related to Freed’s job, like a description of the city’s hiring
freeze and a screenshot of a press release about a relief
package that he helped prepare.
   Enter Kevin Lindke. Unhappy with the city’s approach
to the pandemic, Lindke visited Freed’s page and said so.
For example, in response to one of Freed’s posts, Lindke
commented that the city’s pandemic response was “abys-
mal” and that “the city deserves better.” When Freed
posted a photo of himself and the mayor picking up takeout
from a local restaurant, Lindke complained that while “res-
idents [we]re suffering,” the city’s leaders were eating at an
4                      LINDKE v. FREED

                       Opinion of the Court

expensive restaurant “instead of out talking to the commu-
nity.” Initially, Freed deleted Lindke’s comments; ulti-
mately, he blocked him. Once blocked, Lindke could see
Freed’s posts but could no longer comment on them.
                                 B
   Lindke sued Freed under 42 U. S. C. §1983, alleging that
Freed had violated his First Amendment rights. As Lindke
saw it, he had the right to comment on Freed’s Facebook
page, which he characterized as a public forum. Freed,
Lindke claimed, had engaged in impermissible viewpoint
discrimination by deleting unfavorable comments and
blocking the people who made them.
   The District Court granted summary judgment to Freed.
Because only state action can give rise to liability under
§1983, Lindke’s claim depended on whether Freed acted in
a “private” or “public” capacity. 563 F. Supp. 3d 704, 714
(ED Mich. 2021). The “prevailing personal quality of
Freed’s post[s],” the absence of “government involvement”
with his account, and the lack of posts conducting official
business led the court to conclude that Freed managed his
Facebook page in his private capacity, so Lindke’s claim
failed. Ibid.
   The Sixth Circuit affirmed. It noted that “the caselaw is
murky as to when a state official acts personally and when
he acts officially” for purposes of §1983. 37 F. 4th 1199,
1202 (2022). To sort the personal from the official, that
court “asks whether the official is ‘performing an actual or
apparent duty of his office,’ or if he could not have behaved
as he did ‘without the authority of his office.’ ” Id., at 1203
(quoting Waters v. Morristown, 242 F. 3d 353, 359 (CA6
2001)). Applying this precedent to the social-media context,
the Sixth Circuit held that an official’s activity is state ac-
tion if the “text of state law requires an officeholder to main-
tain a social-media account,” the official “use[s] . . . state re-
sources” or “government staff ” to run the account, or the
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                      Opinion of the Court

“accoun[t] belong[s] to an office, rather than an individual
officeholder.” 37 F. 4th, at 1203–1204. These situations,
the Sixth Circuit explained, make an official’s social-media
activity “ ‘fairly attributable’ ” to the State. Id., at 1204
(quoting Lugar v. Edmondson Oil Co., 457 U. S. 922, 937
(1982)). And it concluded that Freed’s activity was not.
   The Sixth Circuit’s approach to state action in the social-
media context differs from that of the Second and Ninth
Circuits, which focus less on the connection between the of-
ficial’s authority and the account and more on whether the
account’s appearance and content look official. See, e.g.,
Garnier v. O’Connor-Ratcliff, 41 F. 4th 1158, 1170–1171
(CA9 2022); Knight First Amdt. Inst. at Columbia Univ. v.
Trump, 928 F. 3d 226, 236 (CA2 2019), vacated as moot
sub nom. Biden v. Knight First Amdt. Inst. at Columbia
Univ., 593 U. S. ___ (2021). We granted certiorari. 598
U. S. ___ (2023).
                               II
    Section 1983 provides a cause of action against “[e]very
person who, under color of any statute, ordinance, regula-
tion, custom, or usage, of any State” deprives someone of a
federal constitutional or statutory right. (Emphasis added.)
As its text makes clear, this provision protects against acts
attributable to a State, not those of a private person. This
limit tracks that of the Fourteenth Amendment, which ob-
ligates States to honor the constitutional rights that §1983
protects. §1 (“No State shall . . . nor shall any State deprive
. . . ” (emphasis added)); see also Lugar, 457 U. S., at 929
(“[T]he statutory requirement of action ‘under color of state
law’ and the ‘state action’ requirement of the Fourteenth
Amendment are identical”). The need for governmental ac-
tion is also explicit in the Free Speech Clause, the guaran-
tee that Lindke invokes in this case. Amdt. 1 (“Congress
shall make no law . . . abridging the freedom of speech . . . ”
(emphasis added)); see also Manhattan Community Access
6                         LINDKE v. FREED

                         Opinion of the Court

Corp. v. Halleck, 587 U. S. 802, 808 (2019) (“[T]he Free
Speech Clause prohibits only governmental abridgment of
speech,” not “private abridgment of speech”). In short, the
state-action requirement is both well established and rein-
forced by multiple sources.1
    In the run-of-the-mill case, state action is easy to spot.
Courts do not ordinarily pause to consider whether §1983
applies to the actions of police officers, public schools, or
prison officials. See, e.g., Graham v. Connor, 490 U. S. 386,
388 (1989) (police officers); Tinker v. Des Moines Independ-
ent Community School Dist., 393 U. S. 503, 504–505 (1969)
(public schools); Estelle v. Gamble, 429 U. S. 97, 98 (1976)
(prison officials). And, absent some very unusual facts, no
one would credit a child’s assertion of free speech rights
against a parent, or a plaintiff ’s complaint that a nosy
neighbor unlawfully searched his garage.
    Sometimes, however, the line between private conduct
and state action is difficult to draw. Griffin v. Maryland is
a good example. 378 U. S. 130 (1964). There, we held that
a security guard at a privately owned amusement park en-
gaged in state action when he enforced the park’s policy of
segregation against black protesters. Id., at 132–135.
Though employed by the park, the guard had been “depu-
tized as a sheriff of Montgomery County” and possessed
“ ‘the same power and authority’ ” as any other deputy sher-
iff. Id., at 132, and n. 1. The State had therefore allowed
its power to be exercised by someone in the private sector.
And the source of the power, not the identity of the em-
ployer, controlled.
    By and large, our state-action precedents have grappled
——————
  1 Because local governments are subdivisions of the State, actions

taken under color of a local government’s law, custom, or usage count as
“state” action for purposes of §1983. See Monell v. New York City Dept.
of Social Servs., 436 U. S. 658, 690–691 (1978). And when a state or
municipal employee violates a federal right while acting “under color of
law,” he can be sued in an individual capacity, as Freed was here.
                  Cite as: 601 U. S. ____ (2024)             7

                      Opinion of the Court

with variations of the question posed in Griffin: whether a
nominally private person has engaged in state action for
purposes of §1983. See, e.g., Marsh v. Alabama, 326 U. S.
501, 502–503 (1946) (company town); Adickes v. S. H. Kress
& Co., 398 U. S. 144, 146–147 (1970) (restaurant); Flagg
Bros., Inc. v. Brooks, 436 U. S. 149, 151–152 (1978) (ware-
house company). Today’s case, by contrast, requires us to
analyze whether a state official engaged in state action or
functioned as a private citizen. This Court has had little
occasion to consider how the state-action requirement ap-
plies in this circumstance.
   The question is difficult, especially in a case involving a
state or local official who routinely interacts with the pub-
lic. Such officials may look like they are always on the
clock, making it tempting to characterize every encounter
as part of the job. But the state-action doctrine avoids such
broad-brush assumptions—for good reason. While public
officials can act on behalf of the State, they are also private
citizens with their own constitutional rights. By excluding
from liability “acts of officers in the ambit of their personal
pursuits,” Screws v. United States, 325 U. S. 91, 111 (1945)
(plurality opinion), the state-action requirement “protects a
robust sphere of individual liberty” for those who serve as
public officials or employees, Halleck, 587 U. S., at 808.
   The dispute between Lindke and Freed illustrates this
dynamic. Freed did not relinquish his First Amendment
rights when he became city manager. On the contrary, “the
First Amendment protects a public employee’s right, in cer-
tain circumstances, to speak as a citizen addressing mat-
ters of public concern.” Garcetti v. Ceballos, 547 U. S. 410,
417 (2006). This right includes the ability to speak about
“information related to or learned through public employ-
ment,” so long as the speech is not “itself ordinarily within
the scope of [the] employee’s duties.” Lane v. Franks, 573
U. S. 228, 236, 240 (2014). Where the right exists, “editorial
control over speech and speakers on [the public employee’s]
8                      LINDKE v. FREED

                      Opinion of the Court

properties or platforms” is part and parcel of it. Halleck,
587 U. S., at 816. Thus, if Freed acted in his private capac-
ity when he blocked Lindke and deleted his comments, he
did not violate Lindke’s First Amendment rights—instead,
he exercised his own.
   So Lindke cannot hang his hat on Freed’s status as a
state employee. The distinction between private conduct
and state action turns on substance, not labels: Private par-
ties can act with the authority of the State, and state offi-
cials have private lives and their own constitutional rights.
Categorizing conduct, therefore, can require a close look.
                                III
   A close look is definitely necessary in the context of a pub-
lic official using social media. There are approximately
20 million state and local government employees across the
Nation, with an extraordinarily wide range of job descrip-
tions—from Governors, mayors, and police chiefs to teach-
ers, healthcare professionals, and transportation workers.
Many use social media for personal communication, official
communication, or both—and the line between the two is
often blurred. Moreover, social media involves a variety of
different and rapidly changing platforms, each with distinct
features for speaking, viewing, and removing speech. The
Court has frequently emphasized that the state-action doc-
trine demands a fact-intensive inquiry. See, e.g., Reitman
v. Mulkey, 387 U. S. 369, 378 (1967); Gilmore v. Montgom-
ery, 417 U. S. 556, 574 (1974). We repeat that caution here.
   That said, our precedent articulates principles that gov-
ern cases analogous to this one. For the reasons we explain
below, a public official’s social-media activity constitutes
state action under §1983 only if the official (1) possessed ac-
tual authority to speak on the State’s behalf, and (2) pur-
ported to exercise that authority when he spoke on social
media. The appearance and function of the social-media ac-
tivity are relevant at the second step, but they cannot make
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                      Opinion of the Court

up for a lack of state authority at the first.
                               A
   The first prong of this test is grounded in the bedrock re-
quirement that “the conduct allegedly causing the depriva-
tion of a federal right be fairly attributable to the State.”
Lugar, 457 U. S., at 937 (emphasis added). An act is not
attributable to a State unless it is traceable to the State’s
power or authority. Private action—no matter how “offi-
cial” it looks—lacks the necessary lineage.
   This rule runs through our cases. Griffin stresses that
the security guard was “possessed of state authority” and
“purport[ed] to act under that authority.” 378 U. S., at 135.
West v. Atkins states that the “traditional definition” of
state action “requires that the defendant . . . have exercised
power ‘possessed by virtue of state law and made possible
only because the wrongdoer is clothed with the authority of
state law.’ ” 487 U. S. 42, 49 (1988) (quoting United States
v. Classic, 313 U. S. 299, 326 (1941)). Lugar emphasizes
that state action exists only when “the claimed deprivation
has resulted from the exercise of a right or privilege having
its source in state authority.” 457 U. S., at 939; see also,
e.g., Edmonson v. Leesville Concrete Co., 500 U. S. 614, 620
(1991) (describing state action as the “exercise of a right or
privilege having its source in state authority”); Screws, 325
U. S., at 111 (plurality opinion) (police-officer defendants
“were authorized to make an arrest and to take such steps
as were necessary to make the arrest effective”). By con-
trast, when the challenged conduct “entail[s] functions and
obligations in no way dependent on state authority,” state
action does not exist. Polk County v. Dodson, 454 U. S. 312,
318–319 (1981) (no state action because criminal defense “is
essentially a private function . . . for which state office and
authority are not needed”); see also Jackson v. Metropolitan
Edison Co., 419 U. S. 345, 358–359 (1974).
   Lindke’s focus on appearance skips over this crucial step.
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                      Opinion of the Court

He insists that Freed’s social-media activity constitutes
state action because Freed’s Facebook page looks and func-
tions like an outlet for city updates and citizen concerns.
But Freed’s conduct is not attributable to the State unless
he was “possessed of state authority” to post city updates
and register citizen concerns. Griffin, 378 U. S., at 135. If
the State did not entrust Freed with these responsibilities,
it cannot “fairly be blamed” for the way he discharged them.
Lugar, 457 U. S., at 936. Lindke imagines that Freed can
conjure the power of the State through his own efforts. Yet
the presence of state authority must be real, not a mirage.
   Importantly, Lindke must show more than that Freed
had some authority to communicate with residents on be-
half of Port Huron. The alleged censorship must be con-
nected to speech on a matter within Freed’s bailiwick. For
example, imagine that Freed posted a list of local restau-
rants with health-code violations and deleted snarky com-
ments made by other users. If public health is not within
the portfolio of the city manager, then neither the post
nor the deletions would be traceable to Freed’s state
authority—because he had none. For state action to exist,
the State must be “responsible for the specific conduct of
which the plaintiff complains.” Blum v. Yaretsky, 457 U. S.
991, 1004 (1982) (emphasis deleted). There must be a tie
between the official’s authority and “the gravamen of the
plaintiff ’s complaint.” Id., at 1003.
   To be clear, the “[m]isuse of power, possessed by virtue of
state law,” constitutes state action. Classic, 313 U. S., at
326 (emphasis added); see also, e.g., Screws, 325 U. S., at
110 (plurality opinion) (state action where “the power which
[state officers] were authorized to exercise was misused”).
While the state-action doctrine requires that the State have
granted an official the type of authority that he used to vi-
olate rights—e.g., the power to arrest—it encompasses
cases where his “particular action”—e.g., an arrest made
with excessive force—violated state or federal law. Griffin,
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                      Opinion of the Court

378 U. S., at 135; see also Home Telephone & Telegraph Co.
v. Los Angeles, 227 U. S. 278, 287–288 (1913) (the Four-
teenth Amendment encompasses “abuse by a state officer
. . . of the powers possessed”). Every §1983 suit alleges a
misuse of power, because no state actor has the authority
to deprive someone of a federal right. To misuse power,
however, one must possess it in the first place.
    Where does the power come from? Section 1983 lists the
potential sources: “statute, ordinance, regulation, custom,
or usage.” Statutes, ordinances, and regulations refer to
written law through which a State can authorize an official
to speak on its behalf. “Custom” and “usage” encompass
“persistent practices of state officials” that are “so perma-
nent and well settled” that they carry “the force of law.”
Adickes, 398 U. S., at 167–168. So a city manager like
Freed would be authorized to speak for the city if written
law like an ordinance empowered him to make official an-
nouncements. He would also have that authority even in
the absence of written law if, for instance, prior city man-
agers have purported to speak on its behalf and have been
recognized to have that authority for so long that the man-
ager’s power to do so has become “permanent and well set-
tled.” Id., at 168. And if an official has authority to speak
for the State, he may have the authority to do so on social
media even if the law does not make that explicit.
    Determining the scope of an official’s power requires care-
ful attention to the relevant statute, ordinance, regulation,
custom, or usage. In some cases, a grant of authority over
particular subject matter may reasonably encompass au-
thority to speak about it officially. For example, state law
might grant a high-ranking official like the director of the
state department of transportation broad responsibility for
the state highway system that, in context, includes author-
ity to make official announcements on that subject. At the
same time, courts must not rely on “ ‘excessively broad job
descriptions’ ” to conclude that a government employee is
12                     LINDKE v. FREED

                      Opinion of the Court

authorized to speak for the State. Kennedy v. Bremerton
School Dist., 597 U. S. 507, 529 (2022) (quoting Garcetti,
547 U. S., at 424). The inquiry is not whether making offi-
cial announcements could fit within the job description; it
is whether making official announcements is actually part
of the job that the State entrusted the official to do.
   In sum, a defendant like Freed must have actual author-
ity rooted in written law or longstanding custom to speak
for the State. That authority must extend to speech of the
sort that caused the alleged rights deprivation. If the plain-
tiff cannot make this threshold showing of authority, he
cannot establish state action.
                                B
   For social-media activity to constitute state action, an of-
ficial must not only have state authority—he must also pur-
port to use it. Griffin, 378 U. S., at 135. State officials have
a choice about the capacity in which they choose to speak.
“[G]enerally, a public employee” purports to speak on behalf
of the State while speaking “in his official capacity or” when
he uses his speech to fulfill “his responsibilities pursuant to
state law.” West, 487 U. S., at 50. If the public employee
does not use his speech in furtherance of his official respon-
sibilities, he is speaking in his own voice.
   Consider a hypothetical from the offline world. A school
board president announces at a school board meeting that
the board has lifted pandemic-era restrictions on public
schools. The next evening, at a backyard barbecue with
friends whose children attend public schools, he shares that
the board has lifted the pandemic-era restrictions. The for-
mer is state action taken in his official capacity as school
board president; the latter is private action taken in his per-
sonal capacity as a friend and neighbor. While the sub-
stance of the announcement is the same, the context—an
official meeting versus a private event—differs. He invoked
his official authority only when he acted as school board
                     Cite as: 601 U. S. ____ (2024)                    13

                          Opinion of the Court

president.
   The context of Freed’s speech is hazier than that of the
hypothetical school board president. Had Freed’s account
carried a label (e.g., “this is the personal page of James R.
Freed”) or a disclaimer (e.g., “the views expressed are
strictly my own”), he would be entitled to a heavy (though
not irrebuttable) presumption that all of the posts on his
page were personal. Markers like these give speech the
benefit of clear context: Just as we can safely presume that
speech at a backyard barbeque is personal, we can safely
presume that speech on a “personal” page is personal (ab-
sent significant evidence indicating that a post is official).2
Conversely, context can make clear that a social-media ac-
count purports to speak for the government—for instance,
when an account belongs to a political subdivision (e.g., a
“City of Port Huron” Facebook page) or is passed down to
whomever occupies a particular office (e.g., an
“@PHuronCityMgr” Instagram account). Freed’s page,
however, was not designated either “personal” or “official,”
raising the prospect that it was “mixed use”—a place where
he made some posts in his personal capacity and others in
his capacity as city manager.
   Categorizing posts that appear on an ambiguous page
like Freed’s is a fact-specific undertaking in which the
post’s content and function are the most important consid-
erations. In some circumstances, the post’s content and
——————
  2 An official cannot insulate government business from scrutiny by con-

ducting it on a personal page. The Solicitor General offers the particu-
larly clear example of an official who designates space on his nominally
personal page as the official channel for receiving comments on a pro-
posed regulation. Because the power to conduct notice-and-comment
rulemaking belongs exclusively to the State, its exercise is necessarily
governmental. Similarly, a mayor would engage in state action if he
hosted a city council meeting online by streaming it only on his personal
Facebook page. By contrast, a post that is compatible with either a “per-
sonal capacity” or “official capacity” designation is “personal” if it ap-
pears on a personal page.
14                     LINDKE v. FREED

                       Opinion of the Court

function might make the plaintiff ’s argument a slam dunk.
Take a mayor who makes the following announcement ex-
clusively on his Facebook page: “Pursuant to Municipal Or-
dinance 22.1, I am temporarily suspending enforcement of
alternate-side parking rules.” The post’s express invocation
of state authority, its immediate legal effect, and the fact
that the order is not available elsewhere make clear that
the mayor is purporting to discharge an official duty. If, by
contrast, the mayor merely repeats or shares otherwise
available information—for example, by linking to the park-
ing announcement on the city’s webpage—it is far less
likely that he is purporting to exercise the power of his of-
fice. Instead, it is much more likely that he is engaging in
private speech “relate[d] to his public employment” or “con-
cern[ing] information learned during that employment.”
Lane, 573 U. S., at 238.
   Hard-to-classify cases require awareness that an official
does not necessarily purport to exercise his authority
simply by posting about a matter within it. He might post
job-related information for any number of personal reasons,
from a desire to raise public awareness to promoting his
prospects for reelection. Moreover, many public officials
possess a broad portfolio of governmental authority that in-
cludes routine interaction with the public, and it may not
be easy to discern a boundary between their public and pri-
vate lives. Yet these officials too have the right to speak
about public affairs in their personal capacities. See, e.g.,
id., at 235–236. Lest any official lose that right, it is crucial
for the plaintiff to show that the official is purporting to ex-
ercise state authority in specific posts. And when there is
doubt, additional factors might cast light—for example, an
official who uses government staff to make a post will be
hard pressed to deny that he was conducting government
business.
   One last point: The nature of the technology matters to
the state-action analysis. Freed performed two actions to
                     Cite as: 601 U. S. ____ (2024)                    15

                          Opinion of the Court

which Lindke objected: He deleted Lindke’s comments and
blocked him from commenting again. So far as deletion
goes, the only relevant posts are those from which Lindke’s
comments were removed. Blocking, however, is a different
story. Because blocking operated on a page-wide basis, a
court would have to consider whether Freed had engaged in
state action with respect to any post on which Lindke
wished to comment. The bluntness of Facebook’s blocking
tool highlights the cost of a “mixed use” social-media ac-
count: If page-wide blocking is the only option, a public of-
ficial might be unable to prevent someone from commenting
on his personal posts without risking liability for also pre-
venting comments on his official posts.3 A public official
who fails to keep personal posts in a clearly designated per-
sonal account therefore exposes himself to greater potential
liability.
                         *    *    *
  The state-action doctrine requires Lindke to show that
Freed (1) had actual authority to speak on behalf of the
State on a particular matter, and (2) purported to exercise
that authority in the relevant posts. To the extent that this
test differs from the one applied by the Sixth Circuit, we
vacate its judgment and remand the case for further pro-
ceedings consistent with this opinion.
                                             It is so ordered.




——————
  3 On some platforms, a blocked user might be unable even to see the

blocker’s posts. See, e.g., Garnier v. O’Connor-Ratcliff, 41 F. 4th, 1158,
1164 (CA9 2022) (noting that “on Twitter, once a user has been ‘blocked,’
the individual can neither interact with nor view the blocker’s Twitter
feed”); Knight First Amdt. Inst. at Columbia Univ. v. Trump, 928 F. 3d
226, 231 (CA2 2019) (noting that a blocked user is unable to see, reply
to, retweet, or like the blocker’s tweets).