In the ongoing case regarding whether President Trump can block individual Twitter users under the First Amendment (see our previous coverage here), the Second Circuit earlier this week affirmed Judge Buchwald’s earlier ruling that the president’s Twitter account is a public forum and that blocking individual users represented unconstitutional viewpoint discrimination.
Continue Reading Second Circuit Affirms Judge Buchwald in Trump Twitter Case

In an opinion yesterday, Judge Buchwald found that President Trump’s practice of blocking users on Twitter (typically after they post a comment critical of the President) violates the First Amendment. The plaintiffs (who included individual users as well as the Knight First Amendment Institute) claimed that preventing them from viewing comments, replying to tweets, and participating in comment threads denies access to an important public forum in the 21st century (see our initial coverage here).

After finding that the plaintiffs had standing, Judge Buchwald determined that the President’s Twitter account was appropriately analyzed as a public forum.  Judge Buchwald reasoned that the account is subject to government control for First Amendment purposes in part because President Trump has used the account “to take actions that can be taken only by the President as President.”  Judge Buchwald then determined that the President may not block users on Twitter based on their political views.  In doing so, she emphasized that blocking users goes further than merely “muting” them, insofar as blocking actually limits the blocked user’s “right to speak”:
Continue Reading Judge Buchwald: Trump Can’t Block Twitter Users Under First Amendment

Last week, Judge Buchwald heard oral argument (see transcript here) on summary judgment motions in Knight First Amendment Institute v. Donald J. Trump (see our previous coverage here). The suit alleges that President Trump and others violated the First Amendment when they blocked Twitter users who wrote tweets critical of the president.  The plaintiffs claim that preventing them from viewing comments, replying to tweets, and participating in comment threads denies access to an important public forum in the 21st century.
Continue Reading In Trump Twitter Case, Parties Dispute Whether President’s Tweets Are Government Action; Judge Buchwald Floats “Muting” Compromise

In papers filed Friday, lawyers for President Trump sought summary judgment in a First Amendment challenge to the President’s blocking of users on Twitter (see our prior coverage here).  The brief argues (among other things) that President Trump’s use of Twitter does not constitute “state action”:
Continue Reading DOJ: President Trump’s Blocking of Twitter Users Is Not “State Action” For First Amendment Purposes