# Against: 21 Sourced Claims, Contested Facts & Evidence Holdings that reject the proposition, each with the opinion cited. Authors: djwide HTML: https://moyomap.com/maps/against Markdown: https://moyomap.com/maps/against.md License: HTML and markdown are for reading and citation. Bulk copying and AI training need a written license. See /terms and /developers#maps-data. Cite a claim as: MoyoMap, "Against: 21 Sourced Claims, Contested Facts & Evidence", claim {id}, https://moyomap.com/maps/against.md#{id}. “Moyo, a product of SenTeGuard Inc.” ### Blocking a constituent from an official channel as a reprisal for dissent constitutes a First Amendment retal… Id: claim_02e4d2f6f387b39686f3f78b Parent: topic_UJKwf7KNiAdHPKtoJgvc Depth: 1 Blocking a constituent from an official channel as a reprisal for dissent constitutes a First Amendment retaliation violation. Labels: Source-linked, Low, known ### The Supreme Court prohibits government officials from using standardless discretion to exclude speakers, as t… Id: claim_31a6545be1556800b7c829dd Parent: topic_UJKwf7KNiAdHPKtoJgvc Depth: 1 The Supreme Court prohibits government officials from using standardless discretion to exclude speakers, as this creates an intolerable risk of arbitrary censorship. Labels: Source-linked, Low, known ### The Supreme Court established in West v. Id: claim_b2eb9dbc47a071f2788195fc Parent: topic_UJKwf7KNiAdHPKtoJgvc Depth: 1 The Supreme Court established in West v. Atkins that a public official acts under color of state law when exercising power possessed by virtue of state law. Labels: Source-linked, Low, known ### The Supreme Court has established that viewpoint discrimination is an egregious form of content discriminatio… Id: claim_d51d3ce35318daf1363f67b8 Parent: topic_UJKwf7KNiAdHPKtoJgvc Depth: 1 The Supreme Court has established that viewpoint discrimination is an egregious form of content discrimination that the government must abstain from in regulating speech. Labels: Source-linked, Medium, known ### When a government entity operates and controls a forum for speech, it is bound by the First Amendment and can… Id: claim_db89461741a823cddf9e3354 Parent: topic_UJKwf7KNiAdHPKtoJgvc Depth: 1 When a government entity operates and controls a forum for speech, it is bound by the First Amendment and cannot discriminate among speakers based on viewpoint. Labels: Source-linked, Low, known #### Government institutions have a substantial interest in protecting the expression of unpopular ideas, as they… Id: claim_027a9da038a71b33ac02f740 Parent: claim_db89461741a823cddf9e3354 Depth: 2 Government institutions have a substantial interest in protecting the expression of unpopular ideas, as they function as 'nurseries of democracy' that must tolerate sharp constituent critiques. Labels: Source-linked, Low, known #### 42 U.S.C. Id: claim_04b0016521de8fb680407f95 Parent: claim_db89461741a823cddf9e3354 Depth: 2 42 U.S.C. § 1983 provides a federal damages and injunctive remedy against persons who, under color of state law, deprive citizens of constitutional rights. Labels: Source-linked, Low, known #### If an official operates a Facebook page in an official capacity, blocking a constituent is state action that… Id: claim_217b76cf1524d3884b4b7131 Parent: claim_db89461741a823cddf9e3354 Depth: 2 If an official operates a Facebook page in an official capacity, blocking a constituent is state action that violates the First Amendment unless it survives strict scrutiny. Labels: Source-linked, Medium, known #### In Cornelius v. Id: claim_382a6f7b5fe017f4d92c6271 Parent: claim_d51d3ce35318daf1363f67b8 Depth: 2 In Cornelius v. NAACP Legal Defense and Educational Fund, Inc., the Supreme Court affirmed that government regulation cannot be an effort to suppress expression merely because officials oppose the speaker's view, even in nonpublic or limited public forums. Labels: Source-linked, Low, known #### Public officials cannot justify blocking constituent comments on the basis of offensiveness, as the First Ame… Id: claim_3a411cb739c9a31f21e9ddbf Parent: claim_31a6545be1556800b7c829dd Depth: 2 Public officials cannot justify blocking constituent comments on the basis of offensiveness, as the First Amendment protects the freedom to express unpopular viewpoints. Labels: Source-linked, Low, known #### The Supreme Court held in Police Department of Chicago v. Id: claim_4dd9a471164d05d4a1dcd53a Parent: claim_b2eb9dbc47a071f2788195fc Depth: 2 The Supreme Court held in Police Department of Chicago v. Mosley that the government has no power to restrict expression because of its message, ideas, subject matter, or content. Labels: Source-linked, Low, known #### Under U.S. Id: claim_5cb7db804c08ca8caae6df0e Parent: claim_db89461741a823cddf9e3354 Depth: 2 Under U.S. Supreme Court precedent, a public official's social media activity constitutes state action subject to the First Amendment only if the official possessed actual authority to speak on the government's behalf and purported to exercise that authority on social media. Labels: Source-linked, Medium, known #### Precluding a speaker from accessing a public forum for future expressive activities is considered an impermis… Id: claim_65771db0d99270038618b1e9 Parent: claim_02e4d2f6f387b39686f3f78b Depth: 2 Precluding a speaker from accessing a public forum for future expressive activities is considered an impermissible prior restraint with a heavy presumption against constitutionality. Labels: Source-linked, Low, known #### In O'Connor-Ratcliff v. Id: claim_6cbdefee1ca3d9216209f973 Parent: claim_02e4d2f6f387b39686f3f78b Depth: 2 In O'Connor-Ratcliff v. Garnier, the Supreme Court vacated and remanded a Ninth Circuit decision regarding school board trustees blocking parents on social media, requiring reconsideration under the Lindke framework. Labels: Source-linked, Medium, known #### Matal v. Id: claim_6ea220dfc721c605168f0538 Parent: claim_31a6545be1556800b7c829dd Depth: 2 Matal v. Tam (2017) established that giving offense is considered a viewpoint under First Amendment jurisprudence. Labels: Source-linked, Low, known #### In Lugar v. Id: claim_8deae05a9717d8b7248b2742 Parent: claim_b2eb9dbc47a071f2788195fc Depth: 2 In Lugar v. Edmondson Oil Co., the Supreme Court established that conduct constitutes state action where the deprivation results from the exercise of a state-created right or privilege and the party charged can be described as a state actor. Labels: Source-linked, Low, known #### The Supreme Court ruled in Perry Education Ass'n v. Id: claim_916b960f24ac968ec0ab62e6 Parent: claim_d51d3ce35318daf1363f67b8 Depth: 2 The Supreme Court ruled in Perry Education Ass'n v. Perry Local Educators' Ass'n that speaker exclusions in traditional and designated public forums must be narrowly tailored to serve a compelling state interest. Labels: Source-linked, Low, known #### The Supreme Court affirmed in Board of County Commissioners, Wabaunsee County v. Id: claim_aea2b530daefb7d188985a78 Parent: claim_b2eb9dbc47a071f2788195fc Depth: 2 The Supreme Court affirmed in Board of County Commissioners, Wabaunsee County v. Umbehr that the government cannot condition access to a forum or public benefit on the sacrifice of speech rights. Labels: Source-linked, Low, known #### City of Lakewood v. Id: claim_bf6b053dc4de1898f08af8a2 Parent: claim_31a6545be1556800b7c829dd Depth: 2 City of Lakewood v. Plain Dealer Publishing Co. (1988) is a binding Supreme Court precedent regarding the prohibition of standardless official discretion. Labels: Source-linked, Low, known #### The Supreme Court noted that blocking a user on Facebook prevents them from commenting on all of the official… Id: claim_d97b22a0ef1395c6f378f675 Parent: claim_db89461741a823cddf9e3354 Depth: 2 The Supreme Court noted that blocking a user on Facebook prevents them from commenting on all of the official's posts, not just those concerning official business. Labels: Source-linked, Medium, known #### The Supreme Court held in Packingham v. Id: claim_f4e422ef71300e5accffd093 Parent: claim_d51d3ce35318daf1363f67b8 Depth: 2 The Supreme Court held in Packingham v. North Carolina that cyberspace and social media are among the most important places for the exchange of views. Labels: Source-linked, Low, known