563 F.Supp.3d 704
E.D. Mich.2021Background
- James Freed, Port Huron City Manager since 2014, maintained a Facebook page titled “James Freed” (username James.R.Freed1) that described him as a "public figure" and included a link and email for the City.
- The page contained a mix of personal content (family photos, outings, home projects) and occasional shares of City-related information (press releases, COVID-19 data, news links); Freed was the sole operator and only person who could post.
- Plaintiff Kevin Lindke posted several critical comments about Freed/City COVID-19 responses; Freed deleted some comments and blocked Lindke (and others) from commenting.
- Lindke sued Freed under 42 U.S.C. § 1983 (official and individual capacities) alleging First Amendment violations from deleting comments and blocking users; he sought declaratory/injunctive relief and damages.
- Court held claims for injunctive/declaratory relief might be moot but nominal/actual damages preserve justiciability; on the merits the Court granted summary judgment for Freed because his Facebook actions were not state action requiring constitutional restraints.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Justiciability / Mootness | Lindke argued nominal damages and ongoing harm keep case live despite Freed’s reduced page activity | Freed argued injunctive/declaratory relief was moot because he hadn’t used the page recently | Court: Nominal/actual damages can preserve the case; justiciability survives, so merits considered |
| State-action (deleting comments/blocking) | Lindke relied on Knight/Davison analogies: Freed’s page had municipal links/email and posted City information, so page acted as a government forum | Freed argued the page was personal: family-focused posts, no use of City staff/resources, no official title on page, did not function as an organ of official business | Court: Not state action. The page was private in nature; deleting/blocking were not acts under color of state law — summary judgment for Freed |
Key Cases Cited
- Knight First Amendment Inst. at Columbia Univ. v. Trump, 928 F.3d 226 (2d Cir. 2019) (President’s social-media account had official trappings; blocking users was governmental action)
- Davison v. Randall, 912 F.3d 666 (4th Cir. 2019) (local official’s Facebook page treated as governmental where page bore official title, contact info, and focused on official business)
- Campbell v. Reisch, 986 F.3d 822 (8th Cir. 2021) (social-media account factors can show private use despite occasional official content)
- Charudattan v. Darnell, 510 F. Supp. 3d 1101 (N.D. Fla. 2020) (no state action where sheriff’s page was used for private purposes)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982) (state-action analysis requires conduct to be fairly attributable to the State)
- Uzuegbunam v. Preczewski, 141 S. Ct. 792 (2021) (claim for nominal damages can keep an otherwise moot case alive)