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Lindke v. Freed and Social Media Use by Municipalities: Applying a New SCOTUS Test for State Action

Developing and Enforcing Policies for Public Employees and Officials

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Monday, May 13, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will examine unique legal issues for municipalities and government officials when developing and enforcing social media policies after Lindke v. Freed, ___ U.S.___(Mar. 15, 2024). The panel will review the holding in Lindke, discuss the latest legal developments, explore future trends, and highlight potential pitfalls.


With the ubiquitous use of social media by local governments and their employees, developing and enforcing social media policies is critical for municipal counsel, because as was noted in Lindke, "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." Municipal policies should apply to all government employees and contractors, as well as elected and appointed officials.

Lindke established a new test for when speech is official or private. Legal issues that arise for municipal governments, officials, and employees using social media include First Amendment concerns, document retention questions, the potential for campaign improprieties, and employment law risks.

Listen as our authoritative panel examines the issues related to local governments' use of social media. The panel will discuss considerations and best practices when developing and enforcing social media policies.



  1. Lindke v. Freed
  2. Legal considerations for municipalities drafting social media policies
  3. Best practices for developing and enforcing social media policies
  4. Predictions for O'Connor-Ratcliff v. Garnier, 601 U. S. ____ (2024)


The panel will review these and other key issues:

  • When does a public official's social media activity constitute state action under Lindke?
  • What are the legal challenges local governments face when developing and implementing social media policies?
  • What pitfalls should municipal attorneys consider when drafting and enforcing social media policies?
  • What are the recent legal developments and evolving trends concerning social media policies for municipalities?


Anderson, Austin
Austin P. Anderson

Anderson & Kreiger

Mr. Anderson is an associate in Anderson & Kreiger’s Litigation team. He works with private and public-sector...  |  Read More

Makarious, Mina
Mina S. Makarious

Anderson & Kreiger

Mr. Makarious represents clients on municipal, airport, environmental, and construction matters. His airport work...  |  Read More

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