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A2 US NEWS
Wednesday 10 July 2019
Court to Trump: Blocking Twitter critics is unconstitutional
By LARRY NEUMEISTER before he became presi-
Associated Press dent and he acted in a pri-
NEW YORK (AP) — Presi- vate capacity by blocking
dent Donald Trump lost a individuals.
major Twitter fight Tuesday The three-judge panel
when a federal appeals concluded the official na-
court said that his daily ture of Trump’s account
musings and pronounce- “was overwhelming,” even
ments were overwhelm- though it was created in
ingly official in nature and 2009. It cautioned it was
that he violated the First not deciding whether an
Amendment whenever he elected official violates the
blocked a critic to silence Constitution by excluding
a viewpoint. individuals from a “wholly
The effect of the 2nd U.S. private social media ac-
Circuit Court of Appeals count.”
decision is likely to rever- “We also conclude that
berate throughout politics once the President has
after the Manhattan court chosen a platform and
warned that any elected opened up its interactive
official using a social media space to millions of users
account “for all manner of and participants, he may
official purposes” and then not selectively exclude
excluding critics violates This July 8, 2019, file photo shows, President Donald Trump speaking during an event about the those whose views he dis-
free speech. environment in the East Room of the White House, in Washington. agrees with,” the judges
“The government is not Associated Press said.
permitted to ‘amplify’ fa- ment rights of one of her case basis. dividuals blocked by Trump They noted that Trump had
vored speech by banning constituents by block- “The irony in all of this is that after criticizing his policies. used Twitter to announce
or burdening viewpoints ing him from a Facebook we write at a time in the Jameel Jaffer, the insti- his nomination of an FBI di-
with which it disagrees,” page. history of this nation when tute’s director, said public rector, to announce a ban
the appeals court said. Still, the appeals court in the conduct of our govern- officials’ social media ac- on transgender individuals
Because it involved Trump, New York acknowledged, ment and its officials is sub- counts are now among the serving in the military, to
the ruling is getting more not every social media ac- ject to wide-open, robust most significant forums for announce the firing of his
attention than a January count operated by a pub- debate,” Circuit Judge discussion of government chief of staff, and about
decision by the 4th U.S. Cir- lic official is a government Barrington D. Parker wrote policy. The ruling “will en- his decision to sell sophisti-
cuit Court of Appeals that account, and First Amend- on behalf of a three-judge sure that people aren’t ex- cated military hardware to
found a Virginia politician ment violations must be panel. cluded from these forums Japan and South Korea.
violated the First Amend- considered on a case-by- The debate generates a simply because of their The 2nd Circuit said it didn’t
“level of passion and inten- viewpoints,” he said. matter that blocked indi-
sity the likes of which have Katie Fallow, senior staff at- viduals could still engage
rarely been seen,” the torney at Knight, said the in dialogue through “work-
court’s decision read. institute knew of about 75 arounds,” such as logging
“This debate, as uncom- individuals who have been out to view Trump’s tweets
fortable and as unpleasant unblocked since Buch- or searching for tweets by
as it frequently may be, is wald’s ruling. other users about the presi-
nonetheless a good thing,” Another 30 or so remain dent to engage in conver-
the 2nd Circuit added. “In blocked, in part because sations.
resolving this appeal, we the Justice Department has The ruling upheld a deci-
remind the litigants and required them to cite the sion last year by U.S. District
the public that if the First tweet that caused block- Judge Naomi Reice Buch-
Amendment means any- age, she said. wald, who did not order
thing, it means that the Among individuals blocked Trump to unblock users but
best response to disfavored from the account were said people have a right to
speech on matters of pub- author Stephen King and reply directly to politicians
lic concern is more speech, model Chrissy Teigen. who use their accounts as
not less.” Teigen and TV personality public forums to conduct
The Department of Justice Rosie O’Donnell are among official business.
is disappointed by the rul- those who remain blocked, Trump has been a social
ing and is exploring possible Fallow said. media pioneer among poli-
next steps, agency spokes- “We certainly think the ticians, earning daily head-
person Kelly Laco said. president should unblock lines from tweets.
Appeal options include everyone who was blocked His Twitter account, @real-
asking the panel to recon- because of viewpoint,” Fal- DonaldTrump, has over 60
sider, or seeking a reversal low said. “If they are not million followers and has
from the full 2nd Circuit going to do it voluntarily, become a must-read fo-
or from the U.S. Supreme we’ll consider all options, rum for world leaders, crit-
Court. including litigation.” ics and fans, who witness
The decision came in a Earlier this year, attorney Trump boasting of accom-
case brought by the Knight Jennifer Utrecht, arguing plishments, belittling oppo-
First Amendment Institute at for the president, told the nents and blasting critical
Columbia University. It had 2nd Circuit Trump’s ac- media coverage as “fake
sued on behalf of seven in- count was created long news.”q

