Kevin Lindke: A St. Clair County Resident’s Pursuit for Free Speech Reaches SCOTUS

St. Clair County, MI – In a riveting decision, Kevin Lindke, a famously infamous social media figure from St. Clair County, is set to have his free speech claims reviewed by the U.S. Supreme Court during their upcoming fall session. This comes after Lindke alleged that Port Huron City Manager, James Freed, infringed upon his First Amendment rights by blocking him and deleting critical comments he made on Freed’s official Facebook page.

Lindke, widely known for his “Through My Eyes” social media group on Facebook, initially raised eyebrows by questioning Port Huron’s response to the COVID-19 pandemic. This was in reaction to a post shared by Freed from his official Facebook account. Lindke’s subsequent removal from viewing Freed’s page led him to challenge this action in both federal district and appellate courts. However, both courts ruled in favor of Freed.

The tide seems to be turning for Lindke as the Supreme Court granted his petition for certiorari this past spring. This case, which was first presented in the Sixth Circuit, is part of a broader debate about government officials blocking critics on social media platforms. Drawing parallels to a previous case involving former President Donald Trump’s Twitter actions, Lindke’s case will also be considered alongside another from the Ninth Circuit. This latter case, which had a different outcome in the lower courts, ruled in favor of the plaintiff.

Lindke views the SCOTUS review as the final step to establishing clear guidelines around political officials’ interactions on social media, especially concerning deleting comments and blocking constituents. Allon Kedem, of Arnold & Porter, representing Lindke in Washington, and Philip Ellison, of Outside Legal Counsel, located in Hemlock, MI, who represented Lindke in earlier complaints, are gearing up for oral arguments in the coming fall.

Ellison highlighted the synchronicity of Lindke’s case with the Ninth Circuit case, where two California school board officials were found to have violated free speech rights by blocking critical comments on their campaign’s social media pages. He correctly anticipated the barrage of briefings that have poured in over the last few months, with various parties across the nation weighing in on the definition of state action concerning online free speech.

Regardless of the outcome, Ellison believes that Kevin Lindke’s name will from now until forever be associated with the First Amendment. On the other hand, Port Huron city attorney Todd Shoudy, of Fletcher Fealko Shoudy Francis PC, has previously argued that Freed’s Facebook page was not an official city site, granting him the same rights as any private individual to ban or bar posters.

As the case unfolds, it promises to set a precedent for future interactions between public officials and their constituents on social media platforms, ensuring that the First Amendment free speech rights of individuals are upheld in the digital age.