In case you missed it, earlier today, the Second Circuit U.S. Court of Appeals ruled that the First Amendment prohibits Donald Trump from blocking Twitter accounts he doesn’t like:
Appeals Court Rules Trump Cannot Block Twitter Followers https://t.co/bLhuPXrJ0m via @JohnsonHildy pic.twitter.com/jtGp3xiM2x
— National Review (@NRO) July 9, 2019
More from National Review:
A three-judge panel of the Manhattan-based U.S. Court of Appeals for the Second Circuit ruled unanimously that as a public official, the president does not have the right to utilize his account’s block button to prevent users from seeing his tweets, which have 61.8 million followers.
“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,” read the decision from Judge Barrington Parker.
The Knight First Amendment Institute at Columbia University sued the Trump administration on behalf of the seven users who have been blocked by Trump, including a journalist who tweeted “Russia won” at Trump’s account.
Attorney Gabriel Malor offers some further insight into this decision:
2d Cir. holds that the "interactive space" on Twitter created when a public official has a public account is a public forum, and that it violates the First Amendment for a public official to deny access to that "interactive space" based on user content. https://t.co/IGcmq7Z8M9 pic.twitter.com/cx1XyAH1xu
— Gabriel Malor (@gabrielmalor) July 9, 2019
This is a garbage decision. Twitter lacks the features traditionally associated with public forums, which is why this panel and the district court below strains to discover this "interactive space" theory.
— Gabriel Malor (@gabrielmalor) July 9, 2019
I'm skeptical about this interactive space business being a designated public forum because it leaps over the issue that Trump isn't in even primary control over how users can see and interact with that space.
That control lies more with Twitter itself and individual users.
— Gabriel Malor (@gabrielmalor) July 9, 2019
How weak is this "interactive space" theory of Twitter as a public forum?
The entirety of the court's analysis on this pivotal issue is one paragraph, with one inapposite citation. pic.twitter.com/G4uY4fXYal
— Gabriel Malor (@gabrielmalor) July 9, 2019
But Perry Educ. Ass'n held that when a public entity on public property opens up that property for periodic use by the public it *still didn't create a public forum.*
Perry is simply inapposite here.
— Gabriel Malor (@gabrielmalor) July 9, 2019
And that one paragraph lacking analysis is the whole ball game.
If Twitter automagically converts into a public forum when a public official uses it, then, axiomatically, the First Amendment is violated if the public official uses Twitter to impede speech he disagrees with.
— Gabriel Malor (@gabrielmalor) July 9, 2019
So you would think that the panel would handle the issue of whether Twitter is actually a public forum with more care. But no.
— Gabriel Malor (@gabrielmalor) July 9, 2019
There was another way out here, but the panel forecloses it too, holding that when a public official tweets it is always state action and never private action.
Essentially, Trump is never "off" on Twitter, even though this too bizarrely curtails his own rights.
— Gabriel Malor (@gabrielmalor) July 9, 2019
And here’s something else: The litigious tools patting themselves on the back today for sticking it to Trump have opened up a whole new can of worms.
This is one of those decisions that is going to come back to bite. People hated Trump enough that they just impaired Twitter usage by all public officials and public entities.
But, boy, they sure showed Trump!
— Gabriel Malor (@gabrielmalor) July 9, 2019
They sure did. And now, Trump’s female counterpart Alexandria Ocasio-Cortez had better watch out.
https://t.co/9vcolxNMDC pic.twitter.com/Ck7wiQApuI
— Daily Caller (@DailyCaller) July 9, 2019
The Daily Caller is just one of many conservative outlets and tweeters AOC has blocked.
So does that mean AOC can’t block her critics?
— michele potter (@michele95808961) July 9, 2019
Last time we checked, AOC was “a public official who utilizes a social media account for all manner of official purposes.”
INBOX: Youtuber turned congressional candidate @JoeySalads is suing @AOC for blocking him on Twitter.
— Brittany Shepherd (@blrshepherd) July 9, 2019
Here we go:
I have officially filed my lawsuit against AOC for blocking me on twitter.
Trump is not allowed to block people, will the standards apply equally?
Stay tuned to find out! pic.twitter.com/0RmHI7x9Qc— Saladino for Congress (@JoeySalads) July 9, 2019
And there will likely be more to follow.
Breaking: Democratic NY Assemblyman @HikindDov is preparing to sue @AOC for blocking users on Twitter based on their personal viewpoints, following a federal appeals court ruling barring President Trump from doing the same. https://t.co/QZqsJhX6Uk
— The Reagan Battalion (@ReaganBattalion) July 9, 2019
See you in court @AOC https://t.co/j17m7EbWmc
— Dov Hikind (@HikindDov) July 9, 2019
It was only a matter of time.
Who could have foreseen this? https://t.co/8DaYQudgMI
— Ashe Schow (@AsheSchow) July 9, 2019
My understanding is that there’s no reason the left would find this absurd and in fact will support his suit.
Right? https://t.co/EZmNT0ZhYR
— Orange Muppet Energy (@sunnyright) July 9, 2019
This applies to all public officials, right? @AOC can’t block anyone. @IlhanMN can’t block anyone. No @SenateDems, @SenateGOP, etc. can block anyone. Right?
— Holtzie (@Holtzie2) July 9, 2019
Law is law. https://t.co/vukLEnmIDc
— Stephen Miller (@redsteeze) July 9, 2019
Editor’s note: This post has been updated with an additional tweet.
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