Trump Violates First Amendment by Blocking Twitter Users From Feed, Judge Says

Hammster said:

And what law or rule makes that so?

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Donald Trump's tweets are now presidential records

This article can explain it. Links inside to various government docs and laws

hislegacy said:

When thec1st Amendment was written the only methods of free speech were the spoken and written word.

Therefore, using the Muskets only argument for the second amendment, it can possibly be a violation.

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Twitter involved the “written word.”

hislegacy said:

And neither did digital communications. It’s not writing, it is digital communication that is sent globally in an instant.

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Non-sense. This forum, which is “digital communication,” includes “writing.” Your very post includes “writing.”

hislegacy said:

Nope, because access to the medium is still open, they just can’t do it on your threads.

Like saying he is denying someone’s right to free speech because he will not let them stand in his living room and yell obscenities at him.

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This assumes his Twitter is private, like the living room.

I do not agree with the ruling but using analogies which beg the question is a very poor way to make a persuasive argument.

NotreDame said:

Twitter involved the “written word.”

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Hey! The Constitution does not mention Twitter or the internet therefore it does not count!

super animator said:

I am betting that this will be overturn by the SC.

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Hmmm....my initial thought as well...but after reviewing the facts, the conclusion the twitter account is a government created forum is reasonable.

NotreDame said:

Hmmm....my initial thought as well...but after reviewing the facts, the conclusion the twitter account is a government created forum is reasonable.

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In your opinion obviously. Though I think this should be view in the SC to clear up ambiguities.

NotreDame said:

Hmmm....my initial thought as well...but after reviewing the facts, the conclusion the twitter account is a government created forum is reasonable.

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Trump has definitely compromised his private account by mixing official policy announcements with his usual drivel. It will be interesting to see the Supreme Court decision(if it gets there), I suspect the Supreme Court will rule for him.

Hammster said:

The government did not open that venue. So, moot point.

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True but there are certain facts which transformed the private twitter account into a designated public forum, at least according to the court. Certain facts lead the court to conclude “President's Tweets is a "designated public forum" -- a space controlled (even if not owned) by the government that is generally open for public speech to fellow members of the public, and in which the First Amendment forbids viewpoint discrimination.“

A few pivotal facts were:

“Since the President’s inauguration, the @realDonaldTrump account has been operated with the assistance of defendant Daniel Scavino, “the White House Social Media Director and Assistant to the President [who] is sued in his official capacity only.” Stip. ¶ 12. “With the assistance of Mr. Scavino in certain instances, President Trump uses @realDonaldTrump, often multiple times a day, to announce, describe, and defend his policies; to promote his Administration’s legislative agenda; to announce official decisions; to engage with foreign political leaders; to publicize state visits; to challenge media organizations whose coverage of his Administration he believes to be unfair; and for other statements, including on occasion statements unrelated to official government business.

President Trump sometimes uses the account to announce matters related to official government business before those matters are announced to the public through other official channels.” Stip. ¶ 38. “For example, the President used @realDonaldTrump to announce on June 7, 2017, for the first time, that he intended to nominate Christopher Wray for the position of FBI director.” Stip. ¶ 38.

Since the parties’ stipulation, the President has also used the @realDonaldTrump account in removing
then-Secretary of State Rex Tillerson4 and then-Secretary of Veterans Affairs David Shulkin.5 Additionally, “[t]he National Archives and Records Administration has advised the White House that the President’s tweets from @realDonaldTrump . . . are official records that must be preserved under the Presidential Records Act.” Stip. ¶ 40.
“Mr. Scavino in certain instances assists President Trump in operating the @realDonaldTrump account, including by drafting and posting tweets to the account.

Other White House aides besides Mr. Scavino will, in certain instances, also suggest content for @realDonaldTrump tweets. President Trump also sometimes dictates tweets to Mr. Scavino, who then posts them on Twitter. President Trump and/or Mr. Scavino sometimes retweet the tweets of those who participate in comment threads associated with the @realDonaldTrump account.” Stip. ¶ 39. “Mr. Scavino has access to the @realDonaldTrump account, including the access necessary to block and unblock individuals from the @realDonaldTrump account,” Stip. ¶ 12, and has explained that @realDonaldTrump is a channel “through which ‘President Donald J. Trump . . . [c]ommunicat[es]”

super animator said:

In your opinion obviously. Though I think this should be view in the SC to clear up ambiguities.

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Not just my mere opinion...the facts are compelling. I posted some of them in post number 269.

Rion said:

Actually, I hope Trump doesn't fight this, so that it opens a Pandora's box on twitter.

Looking up the Judge, she was appointed by Bill Clinton, and once made a statement while presiding over a case on an autistic child about how Sarah Palin was using her down syndrome kid as a prop. In 2016 Preet Bharara called her the "worst federal judge" at a dinner party.

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Now, that's poisoning the well.

NotreDame said:

Not just my mere opinion...the facts are compelling. I posted some of them in post number 269.

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I still think that this will be overturn by the SC.

NotreDame said:

Hmmm....my initial thought as well...but after reviewing the facts, the conclusion the twitter account is a government created forum is reasonable.

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"Government created forum" might be the key... even though there is an official POTUS Twitter account, Donald's account is the one he used before his election, as a private citizen. I doubt such an argument would fly, but I don't doubt his lawyers would try it.