South Carolina State Senator Tom Fernandez administers a Facebook group titled Berkeley County Growth & Development, which has over 107,000 members and presents itself as a community space for civic dialogue. It is even labeled as a “Public Group”. However, Senator Fernandez frequently uses the group to share legislative updates, promote policy positions, and engage with constituents as an elected official.

At least hundreds, if not thousands, of citizens, including the creator of this petition, have been blocked, banned, or had comments removed after expressing dissent or respectfully criticizing the Senator’s public actions. This raises a serious constitutional question:

When a public official uses a social media platform to communicate in their official capacity, can they lawfully block critics or delete opposing viewpoints?

The U.S. Supreme Court has addressed this issue in recent decisions:

1. Lindke v. Freed (2024): Officials may not restrict speech on platforms used for official duties if a reasonable person would view the account as government-operated.
2. Knight First Amendment Institute v. Trump (2019): The court held that elected officials may not block individuals from forums used for official communications based solely on viewpoint.
3. Davison v. Randall (2017): A public official violated the First Amendment by blocking a constituent from a government-maintained Facebook page.

In each of these cases, courts affirmed that digital spaces used for public duties are subject to First Amendment protections. Senator Fernandez has repeatedly used the Berkeley County Growth & Development page to share his political beliefs/insights, discuss upcoming votes and legislation, and also to share his position as a SC Senator. Does that sound like it violates any of these federal court rulings?

We are calling on the South Carolina Senate Ethics Committee, state media, and civil liberties organizations to:

1. Investigate whether Senator Fernandez’s moderation practices violate constitutional free speech protections.
2. Demand the reinstatement of constituents who were blocked for dissenting viewpoints
3. Encourage transparency and fair digital engagement from all public officials in the state

This is not a partisan issue. It is a civic one. Free speech must apply wherever the government speaks; including online.

If you believe elected officials should not silence the people they represent, add your name to this position.