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President Trump Can't Block People On Twitter, Court Rules (knightcolumbia.org) 396

Reader drunken_boxer777 writes: US District Judge Buchwald issued a 75-page ruling today clearly articulating why Donald Trump cannot block Twitter users, as it violates their First Amendment rights.

"Turning to the merits of plaintiffs' First Amendment claim, we hold that the speech in which they seek to engage is protected by the First Amendment and that the President and Scavino exert governmental control over certain aspects of the @realDonaldTrump account, including the interactive space of the tweets sent from the account. That interactive space is susceptible to analysis under the Supreme Court's forum doctrines, and is properly characterized as a designated public forum. The viewpoint-based exclusion of the individual plaintiffs from that designated public forum is proscribed by the First Amendment and cannot be justified by the President's personal First Amendment interests."
Further reading: Bloomberg.
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President Trump Can't Block People On Twitter, Court Rules

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  • by ganjadude ( 952775 ) on Wednesday May 23, 2018 @01:08PM (#56660438) Homepage
    against my state politicians for blocking my tweets
    • against my state politicians for blocking my tweets

      And you should win.

      An elected politician shouldn't be able to block you from replying to them, they're allowed to mute, but not block.

      This question would have come up previously but I'm guessing that politicians historically only blocked trolls so no one really looked into it.

      But Trump has been blocking legitimate critics, making the question much more important.

  • by TWX ( 665546 ) on Wednesday May 23, 2018 @01:14PM (#56660482)

    ...will he go on a twitter rant about this ruling about twitter rants about his twitter rants?

    And will it acquire its own twitter rants?

  • Good (Score:5, Insightful)

    by Anonymous Coward on Wednesday May 23, 2018 @01:15PM (#56660490)

    Now every politician, left, right, up, down, cannot block twitter trolls. Go get 'em, 4chan.

    • Re:Good (Score:5, Insightful)

      by quantaman ( 517394 ) on Wednesday May 23, 2018 @02:21PM (#56661044)

      Now every politician, left, right, up, down, cannot block twitter trolls. Go get 'em, 4chan.

      Except the Judge explicitly said that muting was allowed.

      The key differences with blocking is the blocked party can't see the POTUS account or, more importantly, can't @reply to the account. The @reply is the critical bit since it's effectively blocking the person from participating in the conversation, and considering @replies to Trump's Tweets regularly make the news it's actually a pretty significant 1st amendment issue.

  • by Ly4 ( 2353328 ) on Wednesday May 23, 2018 @01:33PM (#56660622)

    Critical part:

    We hold that portions of the @realDonaldTrump account -- the "interactive space" where Twitter users may directly engage with the content of the President's tweets -- are properly analyzed under the "public forum" doctrines.

    It's not about viewing his posts - it's the ability to reply, and join in the cesspool that follows each of his tweets, that's emphasized in the judgement.

  • It took 75 pages to say that?

  • Accordingly, though we conclude that injunctive relief may be
    awarded in this case -- at minimum, against Scavino -- we decline
    to do so at this time because declaratory relief is likely to
    achieve the same purpose. The Supreme Court has directed that we
    should “assume it is substantially likely that the President and
    other executive . . . officials would abide by an authoritative
    interpretation of [a] . . . constitutional provision,” Franklin,
    505 U.S. at 803 (plurality opinion); see Utah v. Evans, 53

    • The judge doesn't need to issue an injunction and it's noted why in what you quoted. But woe be unto Trump if he doesn't follow this court order, that would give the court the ability to hold him in contempt.

      • The judge doesn't need to issue an injunction and it's noted why in what you quoted. But woe be unto Trump if he doesn't follow this court order, that would give the court the ability to hold him in contempt.

        You misunderstand. She didn't issue a court order.

  • The ruling would apply to all government officials, including judges...

    And not only to their Twitter-accounts, but to their offices — and courtrooms too.

    • I do love armchair lawyering.

      So tell me, by what legal theory do you make your claim?

      • Huh, the ruling explicitly says that it doesn't make a distinction between Trump and other government officials. Now, he cannot block people because he's using his account for official business, so anyone who correctly maintains two accounts will be fine.

  • At least now some of the trump-warriors (on both sides) will focus spreading their vitriol more on Twitter and less on here. I for one approve!

  • From the Washington Post:

    "Noah Feldman, a Harvard law professor, said he thinks the case was wrongly decided and expects it to be reversed. For a public forum to exist, the government has to own or control it, he said, but in this case, Twitter also controls Trump's account.

    Twitter has long been dogged by questions about how far its users’ right to speech may extend. In the past, its own executives have described the company as being “the free speech wing of the free speech party,” holding

  • by Chas ( 5144 ) on Wednesday May 23, 2018 @04:07PM (#56661684) Homepage Journal

    ...violates their freedom of expression.

    Like all other forms of freedom of expression, people also have the right NOT to listen.
    Goes also to "freedom of association".

  • IBOR (Score:4, Insightful)

    by sexconker ( 1179573 ) on Wednesday May 23, 2018 @04:13PM (#56661730)

    The court has ruled Twitter a public forum, and used that basis to protect free speech even though it's owned and operated by a private entity.

    This means that, just like businesses, parks, universities, etc. that are generally open to the public, Twitter, Facebook, etc. must not discriminate, must respect free speech rights, etc.

    This is a win for the people trying to make that "Internet Bill of Rights" happen.

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