Politics and Religion

amendment
macdaddy1944 51 Reviews 8 reads
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Trump could care less about the 1st Amendment but he loves the 2nd Amendment for his gun toting racist followers..

...in the 2d Circuit ruled that Trump engaged in unconstitutional viewpoint discrimination by blocking critics from his Twitter account based on their views (Knight First Amendment Institute v. Trump).

 
The court ruled that Trump’s Twitter account and its associated webpage "bear all the trappings of an official, state‐run account."  Trump uses the account to announce, describe and defend his policies, and to announce official decisions. The National Archives and Records Administration considers Trump’s tweets to be official records that must be preserved.  Therefore, since Trump acts in an official capacity when he tweets, the court concluded that he acts in the same official capacity when he blocks those who disagree with him.

 
The First Amendment reads, in pertinent part: "Congress shall make no law...abridging the freedom of speech..."  Even though Trump was on Twitter at the time, it was his presidential fiat in blocking his critics that was the "law" that violated his critics' First Amendment rights.

 
Twitter was only involved because it was the platform.  It was Trump use of Twitter as his "official state‐run account" that violated the Constitution.  If Twitter wants to block someone, they can do it because they are a private entity, not the government.

 
Some good news for righties though - on the same day the decision came out, two separate lawsuits were filed against Alexandria Ocasio-Cortez because she blocked them on Twitter.  As Mitt Romney likes to say: "What's sauce for the goose is sauce for the gander."  I always heard it as "good for the goose."

 
http://www.abajournal.com/news/article/trumps-blocking-of-twitter-critics-violates-first-amendment-2nd-circuit-rules

-- Modified on 5/29/2020 6:24:16 AM

Trump could care less about the 1st Amendment but he loves the 2nd Amendment for his gun toting racist followers..

about the second or ANY amendment, for that matter.  He has no inkling what is even in the constitution.

 

He claims the second amendment is important to him, only to energize his base.  You know all those without a high school education.

...as a sop to the gun nuts, even though there is no threat to the Second Amendment.  

 
The First Amendment says: “Congress shall make no law...abridging the freedom of speech."  That's perfectly clear, but the fact is they DO make laws abridging freedom of speech.  Most familiar is that you can't yell "Fire!" in a crowded theater.  Fighting words, defamation, incitement to imminent lawless action and solicitations to commit crimes are some other examples of First Amendment restrictions.

 
But even the slightest attempt at Second Amendment restrictions makes righty gun nuts shit in their Depends even though the wording of the Second Amendment isn't as clear as the First.  Some people say the Second Amendment is clear because it says: "... the right of the people to keep and bear Arms, shall not be infringed."  Others say you can't read that clause by itself; the first part of the Second Amendment talks about everyone having a gun in order to have "A well-regulated Militia..."  you know, like the Minutemen.  They had to have guns in the home in order to be  ready at a minute's notice.  But you can't tell that to righties - they don't do nuance.

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