“Allowing public officials such as Merrill to block individuals from their public social media accounts if they post replies which the public officials find ’annoying'or ’harassing' would run afoul of the very liberties protected by the First Amendment," lawyers for the plaintiffs wrote in a December court filing.
In a separate filing last month, lawyers for Merrill argued that the account is personal, not an official account of the state office. They said people have other means of contacting him, including his office phone and cellphone and the office Twitter account. He asked the judge for a summary judgment in his favor. Merrill has said he lists his cellphone number on his office business card that he hands out to the public.
“The plaintiffs have no First Amendment right to communicate through the defendant’s private Twitter account. They have no constitutional right to force the defendant to listen to their comments," lawyers for Merrill wrote.
Randall Marshall, executive director of the American Civil Liberties Union of Alabama, said Thursday that the briefing in the case is complete and they are waiting on a decision from the judge.