Court to Trump: Blocking Twitter critics is unconstitutional
Family Law
President Donald Trump lost a major Twitter fight Tuesday when a federal appeals court said that his daily musings and pronouncements were overwhelmingly official in nature and that he violated the First Amendment whenever he blocked a critic to silence a viewpoint.
The effect of the 2nd U.S. Circuit Court of Appeals decision is likely to reverberate throughout politics after the Manhattan court warned that any elected official using a social media account “for all manner of official purposes” and then excluding critics violates free speech.
“The government is not permitted to ‘amplify’ favored speech by banning or burdening viewpoints with which it disagrees,” the appeals court said.
Because it involved Trump, the ruling is getting more attention than a January decision by the 4th U.S. Circuit Court of Appeals that found a Virginia politician violated the First Amendment rights of one of her constituents by blocking him from a Facebook page.
Still, the appeals court in New York acknowledged, not every social media account operated by a public official is a government account, and First Amendment violations must be considered on a case-by-case basis.
“The irony in all of this is that we write at a time in the history of this nation when the conduct of our government and its officials is subject to wide-open, robust debate,” Circuit Judge Barrington D. Parker wrote on behalf of a three-judge panel.
The debate generates a “level of passion and intensity the likes of which have rarely been seen,” the court’s decision read.
“This debate, as uncomfortable and as unpleasant as it frequently may be, is nonetheless a good thing,” the 2nd Circuit added. “In resolving this appeal, we remind the litigants and the public that if the First Amendment means anything, it means that the best response to disfavored speech on matters of public concern is more speech, not less.”
The Department of Justice is disappointed by the ruling and is exploring possible next steps, agency spokesperson Kelly Laco said.
“As we argued, President Trump’s decision to block users from his personal twitter account does not violate the First Amendment,” Laco said in an emailed statement.
Appeal options include asking the panel to reconsider, or seeking a reversal from the full 2nd Circuit or from the U.S. Supreme Court.
The decision came in a case brought by the Knight First Amendment Institute at Columbia University. It had sued on behalf of seven individuals blocked by Trump after criticizing his policies.
Related listings
-
Kim Dotcom fights US extradition in New Zealand’s top court
Family Law 06/10/2019Internet entrepreneur Kim Dotcom and three of his former colleagues on Monday took their fight against being extradited to the U.S. to New Zealand’s top court.The Supreme Court began hearing arguments in the seven-year-old case after Dotcom and...
-
Supreme Court set for case on racial bias in jury selection
Family Law 03/14/2019Curtis Flowers has been jailed in Mississippi for 22 years, even as prosecutors couldn't get a murder conviction against him to stick through five trials.Three convictions were tossed out, and two other juries couldn't reach unanimous verdicts.This w...
-
Court case to tackle jails' medication-assisted treatment
Family Law 02/10/2019The American Civil Liberties Union of Maine started making its case in federal court on Monday against the ban on medication-assisted treatment in county jail amid the opioid crisis.Democratic Gov. Janet Mills recently lifted the Maine Department of ...

USCIS to Begin Accepting Applications under the International Entrepreneur Rule
U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.
Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.
However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.