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Polis Signs Bill Letting Colorado Elected Officials Block People on Private Social Media but Acknowledges ‘This Area of the Law … Is Unsettled’

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

Signing into law a bill that lets elected officials block anyone from their private social media accounts for “any reason,” Colorado Gov. Jared Polis on Monday urged state lawmakers to monitor two cases related to the issue pending before the U.S. Supreme Court.

“I appreciate the goals of the sponsors of this bill in providing clarity to public officials in this area of the law, and the bipartisan work that went into this bill,” Polis wrote in a signing statement. “However, I also want to make sure that elected officials don’t view the presence of this statute as a safe harbor for the activity allowed under this law due to ongoing litigation.”

House Bill 23-1306, which went into effect immediately, is believed to be the only state law of its kind in the country. The measure declares that a private social media account administered by a state or local elected official or their designee “does not create a public forum.” It defines private social media as “not supported by the resources” of government and not required by “law, ordinance or regulation.”

Sponsors of the bill, including Reps. Matt Soper, R-Delta, and Leslie Herod, D-Denver, said it will target obscene content and scams posted on elected officials’ accounts as well as people who are abusive and harass others online.