Trump Cannot Block Twitter Users: Knight First Amendment Institute et al. v. Trump et al.

1st Amendment

A federal judge in the Southern District of New York has issued a 75-page Memorandum and Order concluding that President Trump cannot block Twitter users because aspects of his @realdonaldtrump account is a government-controlled forum and Trump’s viewpoint-based exclusion of the plaintiffs from that designated public forum is proscribed by the First Amendment and “cannot be justified.”

Unquestionably, the Administration will appeal.

Likely, the best area of attack will be the novel question of whether “certain aspects” of a public official’s Twitter account is a “forum” and, second, whether there is a cognizable injury since there are work-arounds for a blocked user.

If you want to read up on the first named plaintiff, the Knight First Amendment Institute’s website is here.

Judge Naomi Reice Buchwald’s Memorandum and Order in Knight First Amendment Center et al. v. Trump et al. is here.

 

Image Credit: Geralt

1st Amendment
Three Steps to Understanding Why Government Officials Cannot Block Users on Social Media (Knight First Amendment Institute et al. v. Donald J. Trump et al.)

There is some confusion about the recent Second Circuit opinion as to how, on a private social media platform, a government official, using a personal account, cannot block other users. The following three step process should lead just about everyone to understand the outcome. The case is Knight First Amendment …

Internet
When You See People Trying to Sue a Social Media Platform Because Their Account Was Suspended, It’s a Stunt (lessons of the CDA & Brittain v. Twitter)

A number of politicians, activists, and others who feel aggrieved after their Twitter, Facebook, Instagram, and/or YouTube content has been removed or their accounts suspended have taken to the courts to sue the social media platforms with claims that they are being singled out, muzzled, or their free speech is …

Injunction
Casual Sexual Relationships and Florida’s Injunction Against Dating Violence (versus other injunctions)

When seeking an injunction in Florida to prevent someone from contacting you, pay careful attention to which statute best applies. This is the (unfortunate) lesson of Tyler Sumners v. Lindsey Thompson. After meeting on Craigslist, the parties had a four year consensual sexual relationship punctuated by periods of time when …