Appeals Court: Trump Cannot Block Users On Twitter

[Kathianne]

https://thehill.com/policy/technolog...ple-on-twitter

Appeals court rules Trump can't block people on Twitter
BY JACQUELINE THOMSEN - 07/09/19 10:17 AM EDT

The Second Circuit Court of Appeals on Tuesday ruled that President Trump cannot block Twitter users from his official account, finding that the practice is discriminatory.


The ruling upholds a lower court ruling that also found Trump cannot block the Twitter users.


The president uses his Twitter account to make announcements, from personnel changes within his administration to the implementation of new policies.

The judges wrote "that the First Amendment does not permit a public official who utilizes a social media account for all manner of official purposes to exclude persons from an otherwise‐open online dialogue because they expressed views with which the official disagrees."

The Knight First Amendment Institute at Columbia University had brought forward the lawsuit on behalf of seven people who had been blocked by Trump on Twitter.

The judges wrote in the opinion that Trump’s Twitter account shows “all the trappings of an official, state‐run account,” and that Trump and his aides have described his tweets as “official statements.”


And they noted that the National Archives, “the agency of government responsible for maintaining the government’s records, has concluded that the President’s tweets are official records.”


The judges sided with the blocked Twitter users, who argued that the other options for viewing Trump’s tweets are too burdensome. And they noted that the individuals were blocked after they posted tweets critical of the president.


“We conclude that the evidence of the official nature of the Account is overwhelming,” the opinion reads. “We also conclude that once the President has chosen a platform and opened up its interactive space to millions of users and participants, he may not selectively exclude those whose views he disagrees with.”


However, the judges were clear that their ruling did not require social media companies to take on any further policies, or that the Constitution does not allow for other Twitter users to block each other.


The administration had argued that Trump was blocking the users in his personal capacity, but the judges disagreed.


“The fact that any Twitter user can block another account does not mean that the President somehow becomes a private person when he does so,” they wrote.

[STTAB]

This was actually ruled on years ago. Last year Bernie Sanders blocked me on FB, I sent his office an email stating that unless he wanted to be sued he needed to unblock me bc a federal court had already ruled that constituents can't be blocked from social media accounts if those accounts are used for "official" purposes.

Shame on Trump for even doing so.

[Kathianne]

This was actually ruled on years ago. Last year Bernie Sanders blocked me on FB, I sent his office an email stating that unless he wanted to be sued he needed to unblock me bc a federal court had already ruled that constituents can't be blocked from social media accounts if those accounts are used for "official" purposes.

Shame on Trump for even doing so.

Actually this was the appeals court this morning. Dates and everything are in the OP.

[STTAB]

Actually this was the appeals court this morning. Dates and everything are in the OP.

I meant there was already a precedent, this is related to what we were talking about a few weeks ago, I don't know why a court here didn't just say "this had already been decided" just seems like clogging up the court system to me.

[Kathianne]

I meant there was already a precedent, this is related to what we were talking about a few weeks ago, I don't know why a court here didn't just say "this had already been decided" just seems like clogging up the court system to me.

Well because the defendant has a right to appeal. You know, like constitutionally.

They may choose to appeal further, time will tell. Might have noticed that if the court doesn't agree with them, they choose to appeal or go around or try an executive order. It's what they do.

[STTAB]

Well because the defendant has a right to appeal. You know, like constitutionally.

They may choose to appeal further, time will tell. Might have noticed that if the court doesn't agree with them, they choose to appeal or go around or try an executive order. It's what they do.

This was a totally separate case not involving Trump at all.