DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192994P.pdf 01/27/2021 Mike Campbell v. Representative Cheri Reisch
U.S. Court of Appeals Case No: 19-2994
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Arnold, Author, with Colloton, and Kelly, Circuit Judges]
Civil case - Section 1983. After defendant, a Missouri state
representative, blocked plaintiff from her Twitter account, he brought
this action alleging she had violated the First Amendment by denying him
the right to speak. The district court found the block violated
plaintiff's rights and ordered the representative to stop blocking
plaintiff and others because of the content or viewpoint of their speech.
She appeals. Held:defendant was not acting under color of state law when
she blocked plaintiff from her Twitter account because her account is an
unofficial account; defendant's own First Amendment right to craft her
campaign materials necessarily trumps plaintiff's desire to convey a
message on the Twitter page that defendant does not wish to convey;
Reversed and Remanded with directions to enter judgment in defendant's
favor. Judge Kelly, dissenting.