On the surface, recent sister circuit rulings appear to support a New Mexico plaintiff’s claims that being blocked from a county commissioner’s Facebook page violated his First Amendment rights.

But a closer view of the facts of the cases shows they are “sufficiently distinguishable” from those alleged by Jeff Swanson, the U.S. Court of Appeals for the Tenth Circuit said, reversing a district court’s denial of a motion to dismiss by the defendant, a New Mexico county commissioner, who raised a qualified immunity defense.