
Social media makes it easy to interact with electeds; and many electeds somtimes fail to separate their feeds tied to their elected office from their personal pages/feeds/accounts.
NextDoor was buzzing with a screen grab that Irvine Council member Dr. Kathleen Treseder blocked a resident from her X.com account. Screen Grab is above. And you can probably already guess, an elected official can’t do that on their official page. TheNextDoor user who posted only offers her first name and an initial for her last.
Dr. Treseder may learn the lesson of former Irvine Mayor and City Council member Christina Shea and it could cost Irvine Taxpayers significant taxpayer dollars.
- In June 2020, the Knight First Amendment Institute at Columbia University sent a letter to Shea demanding she stop blocking critics and deleting comments based on viewpoints, citing recent court rulings (e.g., from the Second and Fourth Circuits) that public officials violate the First Amendment when they block people from official social media accounts used for government business.
- In July 2020, Irvine resident Lamar West filed a federal lawsuit (West v. Shea) alleging that Shea’s actions violated his First Amendment rights. West claimed he was blocked after commenting on police brutality discussions, and that her page served as a public forum for constituent engagement.
- A federal judge denied Shea’s motion to dismiss in November 2020, ruling that West had plausibly alleged her profile operated as a public forum.
- The city of Irvine settled the lawsuit in late 2020/early 2021. Taxpayers paid $120,000 to resolve it. Shea maintained her actions were justified, due to alleged threats or harassment in some comments, but the settlement avoided a full trial.
This case highlighted ongoing debates about public officials’ social media use: when personal accounts become “designated public forums” for official purposes, viewpoint-based blocking can trigger First Amendment violations. No similar high-profile incidents appear tied to Shea on other platforms like X/Twitter, and this was specifically on Facebook during her time as mayor (she later served as a council member).
