Can President Trump block his critics on Twitter? Federal appeals court will consider that today.

[mahatmakanejeeves]

Legal Issues
Can President Trump block his critics on Twitter? Federal appeals court will consider that today.

By Ann E. Marimow
Reporter covering legal affairs
https://twitter.com/amarimow
March 26 at 7:00 AM

NEW YORK — President Trump’s Twitter habits are up for argument Tuesday morning, as federal judges consider whether he and other elected officials can block critical voices from their social media accounts. ... Justice Department lawyers, defending the president, say the @realDonaldTrump account is Trump’s personal platform to share his views, not an extension of the federal government. The president, they say, can choose to silence followers “he does not wish to hear” without violating the First Amendment.

The Trump administration is appealing a District Court judge’s ruling from May siding with seven individuals blocked on Twitter after they posted comments critical of the president and his policies. Judge Naomi Buchwald of the U.S. District Court for the Southern District of New York said the comment threads attached to Trump’s tweets, open to anyone without restrictions, are a public forum. Blocking individuals from those interactive spaces because of their views, she said, is unconstitutional.

[Fifty-two tweets in 34 hours: How a Trump Twitter frenzy defined a weekend]

The Supreme Court has not directly addressed how the law applies to expanding digital spaces for public debate, and the case involving the president’s Twitter account is a high-profile legal test. ... Free-speech advocates say the online comment section of an elected official’s social media site is no different from a traditional town hall meeting. Those spaces, they say, are subject to First Amendment protections that allow citizens to respond directly to their government officials and engage with others about public policies.

“Blocked users are denied the opportunity to participate fully in the rapid, ongoing conversations occurring on Twitter and other social media,” attorneys from Georgetown University Law Center’s Institute for Constitutional Advocacy and Protection wrote in a brief in support of the blocked followers. “.?.?. Blocking users based on their opinions poses the very dangers that the First Amendment’s ban on viewpoint discrimination has long sought to prevent: allowing the government to silence its critics, foster warped perceptions of officials’ popularity, and chill dissenting voices who may avoid speaking out for fear of reprisal.”
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[katmondoo]

1. Block Trump

[RKP5637]

3. Definitely the best approach!!! n/t

[fleabiscuit]

6. One of the first things I did when cousin it showed up on twitter. nt

[Karadeniz]

2. I would hope the courts realize that when one becomes president, one is no longer a

private citizen when communicating to the public. That should be understood to be part of the job description.

[RKP5637]

4. K&R!!! n/t

[fleabiscuit]

7. An issue could be anonymous accounts. Yet we should have that right also IMHO. nt

[SWBTATTReg]

5. I suspect that they (SCourt) will rule that NO, he can't block. After all, twitter is the ...

new 'newspapers' of our times. Any blocking amounts to censorship/first amendment rights of those critical of the so called president.

[mahatmakanejeeves]

8. The article was updated at 1:58 p.m.

By Ann E. Marimow
March 26 at 1:58 PM

NEW YORK — Judges taking up a case over President Trump’s Twitter habits ran through a quick list Tuesday of some recent tweets: ... The announcement of the president’s new pick for the Federal Reserve Board, views on North Korea sanctions and a congratulatory welcome to the White House of the Stanley-Cup winning Washington Capitals ice hockey team.

How, the judges asked, could the president’s social media messages not amount to official government business, including when he closes off his social media to critics? ... “Are you seriously urging us to believe the president isn’t acting in his official capacity when he’s tweeting?” asked Judge Barrington D. Parker Jr. of the U.S. Court of Appeals for the 2nd Circuit.

The appeals court is considering the novel question of whether the First Amendment prevents Trump — and other elected officials — from shutting off critics on a platform the president regularly uses to communicate with the public. ... The Trump administration is appealing a District Court judge’s ruling from May siding with seven individuals blocked on the @realDonaldTrump account after they posted disapproving comments of the president and his policies.

Trump’s decision to block individual followers from replying and retweeting his messages, Parker said Tuesday in court, “subtracts from that discussion points of view the president doesn’t like.” ... “Why isn’t that a quintessential First Amendment violation,” the judge asked. ... Justice Department lawyer Jennifer Utrecht in her reply acknowledged the president’s tweets are official government statements, but said Trump is acting in his private, unofficial capacity when he decides to block followers from his personal account.

“You are here because he’s not a private individual,” Judge Peter W. Hall responded noting the president was being represented by the Justice Department and not a private attorney.
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