...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