PINZONE PRESENTATION ADDRESSES FIRST AMENDMENT RIGHTS
July 2026
In May 2026, Managing Partner John Pinzone served as a panelist on a three‑member team of legal experts presenting Digital Dialogue and Disputes: Understanding First Amendment Risks. The program, delivered to a client group in Detroit, Michigan, examined emerging issues at the intersection of social media use and First Amendment protections.
“Social media continues to generate complex questions involving protected speech, content neutrality, government action, and content‑based restrictions,” Attorney Pinzone explained. “Public agencies should be attentive to how employees and officials engage on social platforms.”
Pinzone highlighted the U.S. Supreme Court’s 2024 decision in Lindke v. Freed, 601 U.S. 187, which established a two‑part test for determining when a public official’s social media activity constitutes state action. Under Lindke, an official must (1) possess actual authority to speak on behalf of the governmental entity on the subject at issue, and (2) purport to exercise that authority when making the relevant posts. Pinzone noted that governmental entities should evaluate the use of disclaimers by public officials to help clarify when they are speaking in a personal capacity.
Addressing employer‑retaliation concerns, Pinzone added: “Generally, when a public employee’s speech occurs off duty, in a private forum, and bears no relation to their official responsibilities, that speech should not result in adverse employment action. Well‑crafted social media policies provide important safeguards against retaliation claims.”
MRR Law’s Public Sector Law Group has extensive experience advising municipalities and public entities on constitutional matters, including First Amendment claims brought by citizens and public employees. Our attorneys assist public agencies in developing policies that mitigate risk in employment and labor matters involving speech rights in today’s digital environment.
John Pinzone
Managing Partner
jpinzone@mrrlaw.com
