SoylentNews is people
SoylentNews
Submitted via IRC for Bytram
Trump's Twitter blocks violate First Amendment rights, appeals court affirms
It's one thing for most of us to block Twitter users who annoy us, but it's a violation of those users' First Amendment rights for the president to do so, a federal appeals court confirmed.
The US Court of Appeals for the Second Circuit on Tuesday issued an opinion supporting an earlier federal court ruling that as long as Donald Trump is a public official, he cannot block people (which prevents them from reading his feed or responding to his comments) he disagrees with on Twitter.
The opinion (PDF) is narrow, specific, and unanimous, with all three judges concurring. "We do not consider or decide whether an elected official violates the Constitution by excluding persons from a wholly private social media account," the judges write, "Nor do we consider whether private social media companies are bound by the First Amendment when policing their platforms."
But, they continue, "The First Amendment does not permit a public official who utilizes a social media account for all manner of official purposes to exclude persons from an otherwise-open online dialogue because they expressed views with which the official disagrees.... Once the President has chosen a platform and opened up its interactive space to millions of users and participants, he may not selectively exclude those whose views he disagrees with."
"The irony of all this," the opinion concludes, "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. This debate encompasses an extraordinarily broad range of ideas and viewpoints and generates a level of passion and intensity the likes of which have rarely been seen. This debate, as uncomfortable and unpleasant as it frequently may be, is nonetheless a good thing. 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."
[Update 20190713_080924 UTC: Part of what distinguishes this case from other politician's use of twitter is that on June 6, 2017 it was reported:
At the daily White House press briefing, press secretary Sean Spicer said the President's tweets are considered official White House statements, saying the President is the "most effective messenger on his agenda."
--martyb]
(Score: 4, Interesting) by Arik on Friday July 12 2019, @09:53AM (3 children)
"So, if they can kick out the POTUS, it follows they can kick out anyone."
No, no. Ok, yes, but no.
They can kick out POTUS. THEN they kick out anyone they want.
But until they kick out POTUS, then, logically, they are willingly hosting a public hall.
In which case they really can't kick out anyone, barring a judicial order to do so.
If laughter is the best medicine, who are the best doctors?
(Score: 2) by c0lo on Friday July 12 2019, @11:46AM (2 children)
It doesn't necessary follow. See, they aren't promising they'll enforce their ToS every time for everyone, they reserve for themselves the right to do it at their discretion.
Like they reserve their right to kick-out a rowdy red-neck, but also have the discretion to not do it for certain prominent red-necks.
Otherwise, read their ToS and show me where they made the (bound by commercial law) offer/promise they will host an open hall. If you can't find such a promise, methinks no judge will ever hold them guilty for not doing so.
Excerpts from Twitter's ToS [twitter.com]
Doesn't sound like as a "promise to host a public hall", does it?
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 2) by Arik on Friday July 12 2019, @11:55AM (1 child)
But the court decision we were discussing introduce a very different element to the conversation.
Please try to keep up.
If laughter is the best medicine, who are the best doctors?
(Score: 3, Informative) by c0lo on Friday July 12 2019, @12:07PM
I think you are having a wet dream and you may be embarrassed of your uncontrollable excitement when you wake up.
Because, there, no further then TFS:
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford