An appeals court declined today to review its previous decision that President Donald Trump can’t block critics on Twitter, over the objections of two judges appointed by Trump.
A three-judge panel on the 2nd U.S. Circuit Court of Appeals had ruled in July that Trump’s practice of blocking critics from his @RealDonaldTrump account violates the First Amendment. The full court said today that it will not rehear the case, despite a request from the Justice Department.
Circuit Judge Barrington Parker said in a statement accompanying the ruling that Trump uses his account as an official mode of communication. He likened the replies to a town hall meeting held by public officials.
“Twitter is not just an official channel of communication for the President; it is his most important channel of communication,” wrote Parker, who had been elevated to the 2nd Circuit by President George W. Bush.
But two Trump appointees — Judges Michael H. Park and Richard J. Sullivan — dissented today, saying Trump has the right to control who can interact with his "personal" account.
“The First Amendment’s guarantee of free speech does not include a right to post on other people’s personal social media accounts, even if those other people happen to be public officials,” Park wrote in a dissent joined by Sullivan.
DOJ can still appeal to the Supreme Court.
In a statement, the Knight First Amendment Institute, which filed the suit, said the decision was an important precedent that the First Amendment applies equally to new communication technologies.
“This case should send a clear message to other public officials tempted to block critics from social media accounts used for official purposes," said Katie Fallow, an attorney at the institute.
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March 23, 2020 at 10:13PM
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Appeals court won't review Trump Twitter case - POLITICO
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