did twitter block president
Can the President Block You on Twitter? [POLICYbrief]With President Trump, there's a tweet for every
Updated on Jan 20,2023
Can the President Block You on Twitter? [POLICYbrief]
With President Trump, there's a tweet for everything.,For the last seven or eight years, he has been tweeting on every conceivable issue that,confronts us.,This was not much of an issue before he was a politician.,As a private citizen, he could say whatever he wants on Twitter and he can block whomever,he wants, and it really creates no problems.,However, if official capacity Trump, the president of the United States on a government account,,blocks people, that does implicate the First Amendment and that's the basis of the lawsuit,being litigated now in New York.,The seven plaintiffs in the litigation claim that they were blocked by President Trump,on Twitter.,These are everyday people.,They're lawyers, activists, thinkers, writers.,They come from different walks of life and they all share one thing in common: They said,something that President Trump didn't like and President Trump retaliated by blocking,them on Twitter.,These people filed a lawsuit in federal court in Manhattan and they argued that the president,was violating their First Amendment rights by blocking them on Twitter.,Our First Amendment case law teaches the government can't pick winners and losers.,They can't say, "A-ha!,Speech we agree with, we'll let you in.,But speech we disagree with, you guys have to be quiet.",We have to let everyone speak and only the best ideas will prevail.,That's the basis of how our free speech system operates.,A public forum is a place where the government allows people to generally speak.,The classic example is a sidewalk.,If I want to walk down a sidewalk and I want to hand out pamphlets complaining about some,government policy, or I want to walk down the sidewalk and hold up a sign saying stop,this or stop that, I don't need a permit.,I don't need to ask the government's permission, and the government can't tell me not to do it.,So, sidewalk's easy.,The big question that's considered here is, what kind of forum is Twitter?,The federal district court in Manhattan ruled against President Trump and the court of New,York held that this was something of a public forum.,The court reasoned that President Trump used his Twitter account as a conduit of government,information, used it to announce government business, his staffer had access to it.,It wasn't just a private account, it was an official account, and once you have this sort,of public forum, the president can't exclude people on the basis of their viewpoint.,I think the best arguments in favor of the plaintiff is that they were blocked from this,public forum, uh, because of their viewpoints, and that constitutes viewpoint discrimination.,Trump's best argument is that district courts can't tell the president how to do their job,,that it's up to the president to decide how best to manage his administration, and that,district courts should not be micromanaging these things about how he manages his Twitter account.,I think the ruling has fairly widespread implications.,All government actors -not just politicians- but mayors, sheriffs, universities, public,state universities, uh, will now have to keep their social media policies open.,This is the first time a president has been sued for his use of social media in any capacity,whatsoever.,This is fairly novel ground we're breaking.
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