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United States Politics

Trump Can't Block Critics From His Twitter Account, Appeals Court Rules (nytimes.com) 552

President Trump has been violating the Constitution by blocking people from following his Twitter account because they criticized or mocked him, a federal appeals court ruled on Tuesday. The ruling could have broader implications for how the First Amendment applies to the social-media era. From a report: Because Mr. Trump uses Twitter to conduct government business, he cannot exclude some Americans from reading his posts -- and engaging in conversations in the replies to them -- because he does not like their views, a three-judge panel on the United States Court of Appeals for the Second Circuit ruled unanimously. Writing for the panel, Judge Barrington D. Parker noted that the conduct of the government and its officials are subject today to a "wide-open, robust debate" that "generates a level of passion and intensity the likes of which have rarely been seen." The First Amendment prohibits an official who uses a social media account for government purposes from excluding people from an "otherwise open online dialogue" because they say things the official disagrees with, he wrote.
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Trump Can't Block Critics From His Twitter Account, Appeals Court Rules

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  • Yeeehaaa (Score:2, Funny)

    by Anonymous Coward

    Yeeehaaa, freedom of speech Trump bitches!!! (deal with it)

    • by Anonymous Coward

      Will Democrat politicians and other government officials live up to the same standard and not block anyone? Will they remove any and all existing blocks that might be in place?

      • Will Democrat politicians and other government officials live up to the same standard and not block anyone? Will they remove any and all existing blocks that might be in place?

        That's what shadow banning is for. If you compare how Obama was treated with either Bush 2 or Trump you'll see double standards galore. This is why I chuckle at Biden. He pops off at the mouth all the time but as part of the Obama administration was given a pass. If he's ever given scrutiny people will be shocked at the gaffes he makes.

      • LIke Republicans are gonna follow the law. If Republicans followed the law Watergate and all of those Republican states who were sued between the 2016 and 2018 election cycles wouldn't have been found guilty of illegally gerrymandering their states and purging voter rolls. Please don't act like Republicans don't break the law as a matter of course.
  • by Joe_Dragon ( 2206452 ) on Tuesday July 09, 2019 @12:31PM (#58896372)

    and Twitter can't ban the account as well?

  • by Anonymous Coward

    It's not an open dialogue if Twitter is banning and censoring people from participating.

  • So if Trump cannot block anyone, that means that all high level government officials must not block anyone either, right?

    In fact the same rationale would seem to apply all the way down to city level.

    I would love to see a huge class action suit against even politician having them un-block every single Twitter user they have ever blocked, or maybe it should be a lawsuit directed at Twitter, where anyone who was identified as a public figure would not be allowed to block accounts.

    • by thaylin ( 555395 )

      Yes, and no. Federal officals yes, state and lower it is unclear.

    • by lactose99 ( 71132 ) on Tuesday July 09, 2019 @12:40PM (#58896450)

      You did see the part where they mentioned that this was due to a large portion of his tweets were considered official government business right? Some politician who airs personal talk on Twitter won't be held to the same account.

      • So if that politician ever tweets anything related to any political event - then it's a feed with official Government business. And thus they cannot block at all. ANY tweet related to any political or Governmental action would mean you cannot block.
        • So if that politician ever tweets anything related to any political event - then it's a feed with official Government business.

          Well in that specific case you wouldn't be able to block anyone. But their entire feed doesn't magically become official. You should really go through Trump's twitter feed one day to see why your "slippery slope" argument is just silly in comparison to a distinct ruling about Trumps particular case.

          • So how many tweets does it take? Because the ruling stated that because his personal account had Government business on it, he could no longer block. No criteria was given about how much business, no limit. Thus ANY official Government business (or even statement that could be construed as such) on a Twitter account now means you cannot block.
        • Then it matters what is or is not government communication. I would think campaigning is not official government business, as long as that same account is not also used for more official purposes. For instance, if a member of congress announces a twitter account as a means of communicating with the representative then that account can't block comments. This implies that the account one uses during the mudslinging campaign season should not be the same account that gets used as the official communication

        • So if that politician ever tweets anything related to any political event - then it's a feed with official Government business. And thus they cannot block at all. ANY tweet related to any political or Governmental action would mean you cannot block.

          Conflating "political event" and "official government business"?

        • So if that politician ever tweets anything related to any political event - then it's a feed with official Government business. And thus they cannot block at all. ANY tweet related to any political or Governmental action would mean you cannot block.

          That is absolutely not what the ruling says. The case law referred to for this particular point is Promotions, Ltd. v. Conrad, 420 U.S. 546, 547524 (1975).

      • by stinerman ( 812158 ) on Tuesday July 09, 2019 @12:50PM (#58896562)

        Yes this is what the case hinges on. If his personal account were simply his musings on the weather, sports, etc., the plaintiffs wouldn't have had a case. It's specifically because his personal account is considered to be official government business.

        I follow the President's official account on Twitter and it doesn't do much of anything other than retweet Mr. Trump's personal account.

      • You did see the part where they mentioned that this was due to a large portion of his tweets were considered official government business right? Some politician who airs personal talk on Twitter won't be held to the same account.

        Furthermore, it's not so much that the court or ordinary citizens consider the tweets to be official government communication, it's that Trump's own press secretary declared Trump's tweets to be official, saying [cnn.com] during an official briefing, "The President is the President of the United States, so they're considered official statements by the President of the United States."

    • I would love to see every politician at every level of government simply not use such an idiotic platform as Twitter at all.

    • by dissy ( 172727 )

      So if Trump cannot block anyone, that means that all high level government officials must not block anyone either, right?
      In fact the same rationale would seem to apply all the way down to city level.

      Correct. I fail to see why this is a problem however.

      or maybe it should be a lawsuit directed at Twitter, where anyone who was identified as a public figure would not be allowed to block accounts.

      No, "anyone" is not the criteria, a Twitter account used to conduct government business is the criteria.

      Now that said, sure Twitter could do whatever so accounts flagged as such can't block people, but then they would need to maintain the list of official use accounts vs any other account for the same person that isn't official.

      Just my opinion here but that sounds like an undue burden to make twitter build and maintain such a list. Enforcing one, sure,

    • Not necessarily. If the politician uses his Twitter account for official announcements, like Trump does, then, no, they can't. If it's an account for private use, they can.

    • In fact the same rationale would seem to apply all the way down to city level.

      And apply to all Americans [twitter.com], even those differently-speciated.

    • Yes. For accounts used for government business and communication. Personal accounts, even if used by politicians, can still block people. The snag here is that Trump has turned his personal account into being effectively an official line of communication. It is a bit trickier as president because personal and public life are so intertwined. Just tweeting that you're going to visit a foreign country is publicly relevant if you're a president, but not so much if you're just a congress member going ton va

    • This only applies because the platform is used to conduct official business.

      Any federal employees, appointees, and elected officials who don't conduct official business will have no such requirements.

      If Trump used social media like most other politicians, this wouldn't be an issue. But there is a line, and he stepped right across it.

      You could say he's a habitual line-stepper.

  • There are a number of politicians of both parties that have done the same thing. Using "Personal" social media accounts are being regulated by the courts? Here is a link that list's off several politicians that have done the same thing.

    https://www.stripes.com/news/us/can-politicians-ban-people-from-their-social-media-accounts-1.556061/ [stripes.com]

    Like I said, this link list's off politicans from both parties that have tried to block people on their "Personal" social media page. This ruling will not just affect
  • by Jarwulf ( 530523 ) on Tuesday July 09, 2019 @12:44PM (#58896492)
    So Donald can't block you because this is a 'public interest forum' yet Twitter is free to hit you with blocks, account terminations, suspensions, and silent bans that will hinder you from accessing and participating in said forum including Trump's own Twitter for breaking any one of their thousands of vague unwritten and inconsistently enforced rules?
    • by ISayWeOnlyToBePolite ( 721679 ) on Tuesday July 09, 2019 @01:40PM (#58896988)

      So Donald can't block you because this is a 'public interest forum' yet Twitter is free to hit you with blocks, account terminations, suspensions, and silent bans that will hinder you from accessing and participating in said forum including Trump's own Twitter for breaking any one of their thousands of vague unwritten and inconsistently enforced rules?

      Yes. Freedom of speech protects you and twitter from the government.

  • by LynnwoodRooster ( 966895 ) on Tuesday July 09, 2019 @12:45PM (#58896502) Journal
    Judge Barrington Parker found that Twitter is, in fact, a public forum. Meaning that bans of posters on Twitter for "offensive" speech just got infinitely harder, and easier to challenge in court. We now have a Federal Appeals Court on record as stating Twitter is a public forum - now they have to start acting/moderating like it.
    • by ISayWeOnlyToBePolite ( 721679 ) on Tuesday July 09, 2019 @01:55PM (#58897080)

      Judge Barrington Parker found that Twitter is, in fact, a public forum. Meaning that bans of posters on Twitter for "offensive" speech just got infinitely harder, and easier to challenge in court. We now have a Federal Appeals Court on record as stating Twitter is a public forum - now they have to start acting/moderating like it.

      Not twitter as a whole. The reasoning about what constitutes a public forum in this particular case can be found from page 12 in the ruling.

  • Comment removed based on user account deletion
    • In fairness, they really have no other choice but to make it up as they go. Thomas Jefferson wasn't thinking about Twitter.
  • by Ungrounded Lightning ( 62228 ) on Tuesday July 09, 2019 @12:47PM (#58896520) Journal

    There's no question that the back-and-forth between Trump and his opposition "generates a level of passion and intensity the likes of which have rarely been seen.".

    But classifying gang-trolling as "robust debate" seems like a stretch, while prohibiting Trump from selectively blocking those he chooses from his twitter feed seems guaranteed to bury any actual, substantial, debate.

    This decision looks like a contrivance to destroy Trump's use of social media to bypass the mainstream media stranglehold - or at least impair it by requiring him to ban all followups equally.

    It will be interesting to see how the appeals work out.

    • There's no question that the back-and-forth between Trump and his opposition "generates a level of passion and intensity the likes of which have rarely been seen.".

      But classifying gang-trolling as "robust debate" seems like a stretch, while prohibiting Trump from selectively blocking those he chooses from his twitter feed seems guaranteed to bury any actual, substantial, debate.

      This decision looks like a contrivance to destroy Trump's use of social media to bypass the mainstream media stranglehold - or at least impair it by requiring him to ban all followups equally.

      It will be interesting to see how the appeals work out.

      From a cursory read of the ruling there is nothing new. All has been previously established.

    • Free speech is still free speech, even when it's low-quality speech.

  • ... to specifically exclude being used to conduct any government business, at any level, and just like any other violation of the ToS, it would be grounds for suspension of the offending account.

  • ...deplorable.

  • and troll the president,
  • "JOBS JOBS JOBS!!!!!!" - Trump Twitter

    "[Latest person to criticize Trump] is a lunatic!" - Trump Twitter

    "This man is very smart! PROOF!
    [someone retweeted by trump]
    -Trump is a great leader and only the insane criticize him"

    Government business indeed.

    From what I saw when I would read through his Twitter, it was mostly him posing, bragging, or denouncing anyone that criticized him. Though there was that hilarious tweet where he claimed he loved Mexicans.... and it showed him eating a taco salad.

  • by WillAffleckUW ( 858324 ) on Tuesday July 09, 2019 @03:13PM (#58897664) Homepage Journal

    Watch and learn, younglings

  • by walterbyrd ( 182728 ) on Tuesday July 09, 2019 @05:51PM (#58898504)

    I have not seen any vigorous debate regarding Trump's posts. Just bots and trash talk.

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