Campbell v. Reisch: The Dangers of the Campaign Loophole in Social-Media-Blocking Litigation

In June of 2018, Missouri resident Mike Campbell criticized his state representative Cheri Reisch on Twitter. In response, Reisch permanently blocked Campbell from following or commenting on her Twitter account that she used to communicate with the public about her legislative duties and activities.1 This is a scenario that plays out repeatedly where government officials react to private parties whose speech they dislike by blocking them on social media or deleting their comments. Campbell filed suit against Reisch, alleging violation of his free speech rights.2 The district court agreed. Following a bench trial, the court found that Campbell was entitled to declaratory and injunctive relief.3 But the Eighth Circuit reversed, holding that because Reisch’s Twitter had started as a personal campaign account, and was still a vehicle for promoting her fitness for public office, she was free to block whomever she chose.4