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
Applying “Old” Laws to New Technology: Smartphones, Recordings, Privacy (at FAU)

Special thanks to attorney / instructor Larry Buck for inviting me to speak to his Florida Atlantic University “Law in the Real World” honors class about my practice, particularly how we apply traditional laws to new, emerging technologies. We discussed: drone regulation First Amendment and social media (US v. Hobgood, …

1st Amendment
Is a Demand for an Apology = Extortion? (Social Media & First Amendment:U.S. v. Hobgood)

In the song, “Hello,” Adele sings as a jilted lover, calling “a thousand times… to tell you I’m sorry.” It became a hit song in 2015. Contrast that with the facts of U.S. v. Hobgood, out of the Eighth Circuit, where the defendant had a brief romantic relationship with “KB,” …

Privacy
Don’t Let LinkedIn Follow You Around the Internet (and other privacy settings)

Have you checked your LinkedIn privacy settings? Don’t be fooled with a “I barely even used LinkedIn” attitude. Take 2 minutes. From the article below, here are the key steps: [easier if you have two screens, keep this open and then open your LinkedIn account on your second screen] 1. …