Judge Denies Ga. PSC's Motion to Dismiss Freedom of Speech Case Over Twitter Block

for Northern Georgia in Atlanta. Plaintiff Patty Durand sought injunctive relief in the freedom of speech case after Echols blocked her and others from accessing his social media accounts. Durand is a “concerned and active citizen” who has voiced her opposition to policy positions articulated by Echols on his Twitter account; she was also a candidate for Echols’ seat on the PSC before that election was enjoined in 2022, Calvert noted. Before being blocked, Durand “repeatedly engaged” with Echols on Twitter, and after “years of ‘tweet’ exchanges," he blocked her, said the order. Durand “never made any threatening posts directed at Commissioner Echols or anyone else,” Calvert noted. Echols also blocked her from interacting with his Facebook posts. Echols argued he's entitled to qualified immunity on Durand's first count, retaliation for exercise of First Amendment free expression, and the second count, violation of Durand’s First and 14th amendments right to free speech, because there are no U.S. Supreme Court, 11th Circuit or Georgia Supreme Court cases where a state government employee in similar circumstances was held to have violated the First Amendment. Durand sued Echols in his individual and official capacities. Qualified immunity isn't a proper defense to official capacity claims, said Calvert: “To the extent Commissioner Echols’s Motion argues that the official capacity claims against him should be dismissed, the Motion is denied.” He's entitled to qualified immunity on the individual capacity claims, but counts one and two are allowed to proceed against him, she said. The parties’ preliminary report and discovery plan are due within 21 days of the order.