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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
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