Days after The Dallas Express discovered that Deputy City Manager Kimberly Tolbert prevented the news outlet from accessing information on X. City officials have not yet answered whether they believe Tolbert broke the news company’s First Amendment rights.
Appointed the temporary city manager appointed by the Dallas City Council in a 12-2 decision on February 26, Tolbert blocked DX on or before April 6. On this date, the news outlet released the third part of an investigative series about her reported left-wing political inclinations, which involved her sharing and liking content critical pertaining to police and advocating for policies that help allowing undocumented immigrants to stay in the United States.
She also endorsed by Next Generation Action Network — a Dallas-based activist organization led by Dominique Alexander, who has a lengthy criminal record.
Tolbert is anticipated to take over from City Manager T.C. Broadnax on May 4 in the interim role while the Dallas City Council continues their search for a permanent city manager. Her salary has been set at $367,683.
Throughout the last 30 years, Tolbert has held various positions within the City, including serving as Broadnax’s chief of staff, during which time she referred to herself as “the City Manager’s top trusted advisor.” called Several council members were firm in their support for her appointment as interim city manager following Broadnax’s resignation, including
Omar Narvaez (District 6). “I endorse Kimberly Tolbert for this interim position,” he stated. “She began with this city as an intern 30 years ago and has worked across the entire city, dedicating her heart, mind, and soul to excellence. She believes in Dallas, and Dallas should believe in Kimberly Tolbert — that she can guide us through the transition that lies ahead. This is not a rush to permanency, and I want to ensure the public understands that.”
Adam Bazaldua (District 7), one of
eight council members Broadnax said requested his resignation between February 14 and February 21, also expressed his support for Tolbert. “In my opinion, we have some big shoes to fill, and that’s my opinion,” he
. “I believe the direction the city is headed in is a positive one. I believe in the essence of what the interim position should be, and I believe that Kimberly is the best choice for that. In my experience working with her, she knows the city inside and out, understands the departments inside and out, possesses the institutional knowledge of this city, and comprehends the inner workings of this city as an organization.” saidMeanwhile, Tolbert has participated in several committee and board meetings in Broadnax’s absence since he was identified as a finalist for the city manager’s position in
. His first day on the job is scheduled for May 3. AustinNeither he nor Tolbert has been responsive to
‘s requests for comment since Broadnax’s resignation. On Thursday, the news outlet asked every council member and Mayor Eric Johnson to clarify their stances on the importance of effective communication with the press and Dallas residents for the next city manager. They did not respond immediately. DXalso reached out to the Dallas City Attorney’s Office for input on Tolbert's actions in blocking the news outlet on X. A representative did not reply by the time of publication.
DX Reuters stated in March that the U.S. Supreme Court has established a new standard
fresh benchmark for determining if public officials who act in a governmental capacity when blocking critics on social media have violated the First Amendment — a constitutional right that prevents government actors from limiting individuals’ rights to free speech. Justices expressed in Lindke v. Freed that when a government official blocks citizens from their social media accounts in an attempt to censor comments critical of their positions on issues or job performance, it constitutes government retaliation and is, therefore, a violation of the First Amendment. It should be noted, however, that the First Amendment applies only to government action — not private enterprise.
In Lindke v. Freed, the issue focused on when an official should be treated as a government actor.
“The Supreme Court has said a public employee meets the state action requirement ‘while acting in his official capacity or while exercising his responsibilities pursuant to state law,'” according to a
legal sidebar prepared by the Congressional Research Service. “This test can include individuals who purport to exercise government authority, such as a deputy sheriff who consistently referred to his government authority even when working at a private-sector job.” Tolbert seems to be using her X account in her official capacity as deputy city manager. It is worth noting, however, that
‘s X account has not commented on any of her posts but merely followed her account. DXDays after The Dallas Express found that Deputy City Manager Kimberly Tolbert blocked the news outlet on X, City officials still haven’t responded to questions about whether they believe Tolbert violated the company’s First Amendment rights. Appointed interim city manager by the Dallas City Council in a 12-2 vote on February 26, Tolbert blocked DX […]
