Rep. Clay Higgins unblocks Lafayette critic on Facebook, but legal battle continues
Attorneys for Matthew Humphrey argue the First Amendment case must proceed unless the congressman agrees to a permanent policy against political blocking.
By Jonathan Reed ·
Matthew Humphrey regained access to the official Facebook page of U.S. Rep. Clay Higgins on Wednesday. The Lafayette activist had been blocked from the page since October 2024. Higgins, a Republican who represents Louisiana's 3rd Congressional District, won reelection on Tuesday.
Humphrey, who chairs the Louisiana Democratic Party's 3rd Congressional District Caucus, discovered the change while checking the page. At least two other individuals who had been blocked also reported that they could see the page again. Humphrey said he is not certain why the access was restored, but he views the change as the primary goal of his legal action.
Humphrey filed the lawsuit on October 23 in the U.S. District Court for the Western District of Louisiana. The complaint alleges that Higgins violated his First Amendment rights by blocking him after he tagged the congressman in a critical meme. The suit argues that the Facebook page functions as a public forum and that excluding a constituent based on political views constitutes unconstitutional viewpoint discrimination.
Bruce Hamilton, director of the First Amendment Clinic at Tulane University Law School, represents Humphrey. Hamilton stated that Higgins' decision to restore access does not resolve the constitutional questions in the case. He noted that Higgins could block users again immediately after the lawsuit concludes. The clinic will dismiss the case if Higgins agrees not to block people based on their viewpoints.
Humphrey is seeking a court declaration that the blocking was unconstitutional and an order preventing future blocking. He is not seeking monetary damages. Hamilton said he believes Higgins restored access in response to the lawsuit, although Humphrey said he cares more about the result than the reason.
The legal dispute centers on whether a public official's social media use constitutes government action. The U.S. Supreme Court established a test in its 2024 ruling in Lindke v. Freed. The court said officials must have actual authority to speak on the government's behalf and must exercise that authority in the social media activity at issue. Hamilton said these principles likely apply to members of Congress.
Higgins has not yet been served with the complaint. His communications director, Mac Malloy, previously told The Current that he was unaware of the lawsuit. Higgins did not respond to messages left Thursday at his three offices. The clinic plans to seek a preliminary and a permanent injunction to prevent future blocking based on political viewpoints.
The complaint alleges that Higgins blocked other Facebook users. Hamilton said at least five additional people have contacted the clinic since news reports emerged. Some may join the case, but none has done so. Humphrey said he decided to sue nearly two years after being blocked after seeing a video from U.S. Rep. Ro Khanna encouraging constituents to contact their representatives about the Jeffrey Epstein files.
