As is usually the case, the law is trying to keep up with technology. The question of what constitutes a public forum is being debated and its impact could affect everyone from your locally elected dog catcher to the president of the United States.

A case has been making its way through the courts involving Deanna Robinson and the Hunt County Sheriff’s Office. Robinson learned she had been blocked from commenting or liking posts after criticizing them on their Facebook page. This was not the first run-in Robinson has had with the agency. In 2015, Robinson was confronted by a Hunt County deputy and a Child Protective Services representative looking to remove her then, 18-month old son from the home.

The case was finally dismissed and charges were dropped, but that hasn’t stopped the bad blood between them. Robinson filed a lawsuit in Feb. 2017 where she lost the case in a North Texas trial court. She has appealed and oral arguments will be heard today in the 5th Circuit Court of Appeals in New Orleans. (There is a similar case pending in the 2nd Circuit Court of Appeals between President Trump and a group of citizens who have banned from his Twitter account)

The sheriff’s office contends that by blocking Robinson, they are enforcing Facebook’s conduct rules. Under the terms of agreement, Facebook states…

 Combat harmful conduct and protect and support our community:

People will only build community on Facebook if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data with other Facebook Companies when we detect misuse or harmful conduct by someone using one of our Products.

So, can being critical of a governmental agency be considered harmful conduct? Not knowing what the exact post said could play into this decision. Context is important and if the post used obscene language, or was threatening, you could see why a person would be blocked (although you could have simply deleted or hide the comment). But, if the post just offered a negative opinion, you could argue your First Amendment rights are being violated.

In light of more and more governmental agencies turning to Facebook and Twitter to communicate with their constituents, the outcome could have far reaching implications as to the future use of social media.