A critic of state Rep. Ginny Ehrhart has filed a federal lawsuit against her because she blocked him from commenting on her legislative Facebook page.
In the suit, retired communications software executive Thomas Biedermann said his free speech rights and the rights of dozens of others were violated when they were blocked from Ehrhart’s official social media accounts. The lawmaker’s Facebook and Twitter accounts are public forums and should not discriminate against those with contrary views, the lawsuit said.
“Social media, especially in the pandemic, has become the soapbox for free speech,” Gerry Weber, Biedermann’s lawyer, said. “Shut that down, and you silence citizens’ criticism of government officials completely.”
Ehrhart, a Republican from Powder Springs, said her sites have a code of conduct and violations include profanity, obscenity, threats and sexual remarks. Some who have posted threats have been reported to law enforcement, including one who was arrested and charged, she said.
“It is also not uncommon for self-proclaimed agitators to attack and demean other visitors,” she said. “The goal is that all visitors feel safe and free of harassment, especially considering the pages have many young followers.”
In her statement, Ehrhart did not say whether Biedermann had violated the code of conduct. When later asked if all of the people blocked from her accounts had violated the code of conduct, Ehrhart said “questions of fact” will be determined in the courtroom.
In recent years, Weber has represented clients who brought similar lawsuits. This includes one filed against Cobb County Sheriff Neil Warren by Jerry Herndon, who is running to unseat Warren. In January, the sheriff settled the case, agreeing to stop blocking comments and pay $29,000 of Herndon's legal fees and $750 in damages.
Last July, the federal appeals court in New York addressed a similar case against President Donald Trump. It ruled that Trump's practice of blocking critics from his @RealDonaldTrump Twitter account violates the First Amendment.
Biedermann first wrote disapproving comments on Ehrhart's Facebook page after she posted a press release in October 2019 about her legislation to criminalize transgender surgeries performed on children.
The comment by Biedermann, who used the pseudonym Tom Alfred, was soon deleted as were subsequent comments. He was then blocked from her legislative Facebook page.
The lawsuit acknowledged Ehrhart’s code of conduct, noting she had previously spoken publicly about it. The suit also said none of Biedermann’s posts violated such a code.
Ehrhart and her staff have blocked more than 60 others who expressed opposing views to the lawmaker's positions, the suit said. One person blocked by one of Ehrhart's social media pages has set up a Twitter account called @BlockedbyGinny.
In a statement, Biedermann said freedom of speech should be protected on the social media accounts established by elected officials. He said he commented on Ehrhart’s Facebook page about her transgender surgery bill because he believed “credible, evidence-based science is crucial during the legislative process of open public debate.”
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