Texas Agriculture Commissioner Sid Miller has illegally blocked Texas Reporter from accessing and interacting with his verified Facebook page, cutting the publication off from a public-facing forum he uses while in office to communicate with Texans about matters of government and public policy.
We confirmed this week that our Facebook page, facebook.com/texreporter, is blocked from Miller’s Facebook account titled “Sid Miller,” preventing us from viewing posts, commenting, or otherwise engaging with content on the page. The block restricts our ability to participate in what functions as a public forum operated by a sitting statewide official.
We have taken formal action by sending a demand letter to Miller’s office requesting that the block be immediately lifted and that written confirmation be provided within five business days. The letter states that Miller’s action violates the First Amendment because he uses the Facebook page while in office to conduct public communication related to his official role, triggering constitutional protections.
Although Miller has claimed the page is a campaign account and lists a campaign address, that label does not control the legal analysis. Courts look to how an account is actually used. Miller’s page is verified, identifies him in its biography as “Texas Commissioner of Agriculture Sid Miller,” has approximately 1.1 million followers, and is regularly used to address issues of public policy and governance while he serves in office.
When a public official opens a social media account for public interaction and uses it in connection with official duties, the interactive portions of the account constitute a limited or designated public forum. In such forums, officials may enforce neutral moderation rules, but they may not block speakers — especially journalists — based on viewpoint.
Blocking a media outlet because it publishes criticism is illegal viewpoint discrimination.
Our letter cites the U.S. Supreme Court’s 2024 decision in Lindke v. Freed, which clarified that a public official’s social media activity constitutes state action when the official has authority to speak for the government and uses the account in that capacity. Miller plainly meets that standard.
We notified Miller’s office that if the block is not lifted, we are prepared to seek injunctive relief and recovery of legal expenses under federal civil rights law, including 42 U.S.C. § 1983, which provides remedies when government officials violate constitutional rights.
We also requested that Miller’s office preserve records related to social media moderation and blocking decisions.
As of publication, Miller’s office had not responded.
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