Montvale mayor loses bid to dismiss Facebook blocking lawsuit

Case tests whether an elected official may block critics from a Facebook page where government business is discussed

A judge has rejected a bid to dismiss a lawsuit accusing a New Jersey mayor of violating a local man’s civil rights by blocking him from the mayor’s Facebook page.

In a July 17 decision, Bergen County Superior Court Judge John O’Dwyer ruled that the lawsuit brought by Park Ridge resident Howard Fredrics could proceed, rejecting Montvale Mayor Mike Ghassali’s attempt to have it thrown out.

Fredrics, an award-winning composer and audio engineer, sued Ghassali in March, alleging the mayor blocked him from the Facebook page after several online disputes. Fredrics said the action violated his First Amendment rights and the New Jersey Civil Rights Act. He is seeking a court order requiring the mayor to unblock him.

The case raises a growing legal question in the social media age: Can elected officials who discuss government matters online block people from their Facebook pages or other social media accounts?

In a series of court filings, Ghassali’s attorney, Christopher Botta, argued that the Facebook page is personal, not an official government account. He also said Ghassali cannot speak unilaterally on the borough’s behalf because Montvale has a “weak-mayor, strong-council” form of government.

Even if the page were considered an official account, Botta argued, Fredrics failed to show that Ghassali’s actions were supported by a borough policy or custom. The claims against Montvale therefore should be dismissed, he said.

O’Dwyer rejected those arguments, writing in a 14-page decision that Fredrics had made sufficient allegations under the state’s civil rights law for the case to proceed.

“The allegations, liberally construed, describe state action, viewpoint discrimination in a public forum, and municipal liability through final policymaker authority and ratification,” O’Dwyer wrote. “The complaint adequately pleads each element of plaintiff’s constitutional claim … accordingly, defendants’ motion to dismiss is denied.”

Fredrics told The Jersey Vindicator on Thursday that he was “very pleased with the judge’s decision to find that the legal issues in my case are meritorious, worth pursuing, and significant.”

“It shows that the judge understood that the ability of the public to communicate with public officials to redress their grievances and have a dialogue is worth protecting,” he said. “The whole notion of the First Amendment is the right to seek redress from the government … this is such an important decision to keep those lines of communication open.”

Botta did not respond to requests for comment. Ghassali declined to comment on the litigation.

The case has entered the discovery phase, Fredrics said. The court has not yet scheduled the next hearing.