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Twitter Users Blocked By Trump Sue, Claim @realDonaldTrump Is Public Forum (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: A handful of Twitter users, backed by the Knight First Amendment Institute at Columbia University, sued President Donald Trump on Tuesday, claiming their constitutional rights are being violated because the president has blocked them from his @realDonaldTrump handle. The suit claims that Trump's Twitter feed is a public forum and an official voice of the president. Excluding people from reading or replying to his tweets -- especially because they tweeted critical comments -- amounts to a First Amendment breach, according to the lawsuit.

"The @realDonaldTrump account is a kind of digital town hall in which the president and his aides use the tweet function to communicate news and information to the public, and members of the public use the reply function to respond to the president and his aides and exchange views with one another," according to the lawsuit (PDF) filed in New York federal court. "Defendants' viewpoint-based blocking of the Individual Plaintiffs from the @realDonaldTrump account infringes the Individual Plaintiffs' First Amendment rights. It imposes an unconstitutional restriction on their participation in a designated public forum," the suit says. "It imposes an unconstitutional restriction on their right to access statements that Defendants are otherwise making available to the public at large. It also imposes an unconstitutional restriction on their right to petition the government for redress of grievances."

17 of 430 comments (clear)

  1. Wrong approach by williamyf · · Score: 5, Insightful

    @realDonaldTrump IS NOT a public forum. Is the personal Twitter account of Mr. Donald J. Trump.

    @POTUS is a public forum, as is the account of the President Of The United States.

    The lawsuit soud be about Mr. Donald J. Trump using his PERSONAL twitter Account to conduct matters of state and public interest...

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    1. Re:Wrong approach by BitterOak · · Score: 3, Insightful

      I agree, and not only that, there's nothing to prevent people from creating a second Twitter account. You can even read someone's tweets while you're not logged into any account as long as the account isn't private. So, by blocking people, he isn't really preventing anyone from reading his tweets.

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    2. Re:Wrong approach by geekmux · · Score: 4, Insightful

      @realDonaldTrump IS NOT a public forum. Is the personal Twitter account of Mr. Donald J. Trump.

      @POTUS is a public forum, as is the account of the President Of The United States.

      The lawsuit soud be about Mr. Donald J. Trump using his PERSONAL twitter Account to conduct matters of state and public interest...

      I have a better idea. Let's stop trying to recognize a fucking Twitter account as a form of communication for the President of the United States.

      His position entitles him to take over the entire spectrum of public transmission in order to broadcast a message to the masses if necessary. And I'm pretty sure the US Government budget can swing the costs of their own domain name. Perhaps we should stop pretending his ability to communicate to an entire country is somehow reliant on cheesy social media freeware.

    3. Re:Wrong approach by Anonymous Coward · · Score: 2, Insightful

      The question is whether he has actually conducted public business on his personal account and whether the President can even have a personal account. This question would eventually lead to the SC for a final decision.
      All he does on his personal feed is make snide and hyperbolic personal comments on the various topics addressed on his feed.

      But the people behind this lawsuit are trying anything and everything to bring the Trump administration to an end. And if these plaintiffs are so concerned about their freedom of speech why haven't they created new accounts with a different user name? A new account will give them access to the feed again so they can root out any evil taking place behind their backs.

      Make no mistake there is a coup in process. It is being conducted by the MSM along with the sore losers in the last election. Trump has a 4 year term limit and then can be shown to the door. Those wishing to take his place after the next election should probably be busy re-evaluating their policies and tactics. So far all they have done is issue daily and unsupported accusations against the President. Even the accusations are reported in such a way to hide the fact that all of the accusations are about actions that are not even illegal. Apparently it is against the law for a private US citizen to talk to a Russian. Apparently it is also against the law for using a private US citizen as the intermediary in efforts to establish a back channel that can be used between the US and Russia. I guess Obama was grandfathered in when he setup a back channel to the Iranian government? Creating back channels for communicating with other countries is SOP and has been ever since the country was founded. But reading the news you would think this is an illegal activity that now needs to be investigated.

      Every single news item concerning Trump start with headlines that are not supported in the article content. The content is littered with "maybe", "could have", "may have", or "might" adverbials while claiming the "facts" were provided by an Anonymous source or by an official that is "not authorized to speak" so the name is withheld. Are we expected to just trust the media without question because they are protecting the little people? The adverbials listed above work as a shield to protect the media sources against libel suits. Their defense can revolve around the fact that they didn't actually say anything definitive and it was more speculation on their part so they are lawsuit proof.

      The tactics being used today to disrupt the Executive Branch will be finely honed and implemented with a vengeance on whoever becomes the next President. Lines have been crossed and uncrossing them may take armed conflict down the line. People and countries always seem to forget that in any type of conflict the enemy also gets a rebuttal and a vote. This occurs in the domestic political conflicts and International conflicts. Keep a close eye on all those preening G-29 pussies making proclamations about doing this or that hoping to pressure the US into allowing them to continue their military freeloading and EXPECTING the US to always have their back no matter what. The EXPECT the US to accept trade policies that may not hurt the US economy but they will certainly not help it either.

      It's past obvious that those wishing to get rid of Trump believe their policies are 100% right and everyone else is wrong. They gracefully acknowledge that those that disagree with them may mean well but allowances need to be made to compensate for their stupidity. The media outlets have resorted to using Opinion pieces instead of any real news.

      have no limits on what they are willing to do. After all it's for a really good cause

    4. Re:Wrong approach by squiggleslash · · Score: 4, Insightful

      It's the President who is choosing to communicate via social media channels, we're not making that choice for him, so unfortunately we do have to recognize that the President of the United States is using a "fucking Twitter account" as a form of communication.

      Until he stops, that's how it is. When the next fad means of communication comes out, if he's using it, it's a form of communication. Sorry.

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    5. Re:Wrong approach by LWATCDR · · Score: 3, Insightful

      When he uses it to publish public statements about policy then it is an official communications channel. He is the highest official in the land and is using it to communicate with the public.

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    6. Re:Wrong approach by hey! · · Score: 3, Insightful

      It has nothing to do with authority. It has everything to do with how the president uses that channel of communications.

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    7. Re:Wrong approach by dwillden · · Score: 4, Insightful

      And how are the people who have been blocked any different from protestors who repeatedly interrupt a speech and get removed from the venue? Their boorish behavior got them ejected/blocked. That is not a violation of their rights. It is a consequence of them trying to take their rights so far that they infringed on the rights of others and were therefore ejected/blocked.

      Those citizens are free to create another account and resume monitoring of the feed, they can try to comment more moderately or just comment elsewhere. Or even resume the activities that got them blocked in the first place, in which case they will likely soon be blocked again. Actions have consequences, the freedom of speech is not without limits, insist on being obnoxious and disruptive and removing you from the venue to allow others to exercise their rights is not a violation of your rights.

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  2. Complete idiocy by Mike+Van+Pelt · · Score: 4, Insightful

    This is the kind of utter nonsense that's likely to get us a second Trump term, making everybody on the ant-Trump side look like complete morons.

    (And no, I didn't vote for the SOB.)

    1. Re: Complete idiocy by ScentCone · · Score: 2, Insightful

      No, what's cute is a anonymous loser saying he IS going to be impeached without having the intellectual honesty (or capacity, obviously) to mention any tangible reason why he would be, let alone actually be convicted of anything. The fact that you don't include such musings is a measure of what a phony you are on the subject. But please! Carry on! Continue with unhinged, delusional snarkery right on through the 2018 elections. Because unhinged liberal delusions are exactly what cost the Democrats nearly a thousand legislative seats under Obama, most of the governorships, both houses of congress, the White House, the Supreme Court, and hordes of two-time Obama voters who turned their back on condescending, petulant ranty liberals in a final fit of disgust. More please! So, thanks for every bit of fact- and context-free snark you can continue to provide - it helped in November, and will continue to. Thanks in advance.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Complete idiocy by bobbied · · Score: 3, Insightful

      This is the kind of utter nonsense that's likely to get us a second Trump term, making everybody on the ant-Trump side look like complete morons.

      (And no, I didn't vote for the SOB.)

      I did vote for him, and I think your analysis is right. THIS is exactly the kind of idiocy that will get us a 2nd term. The obvious obstructionist hypocrisy is on full display. You can only trade in hype and hyperbolae for so long before folks become desensitized to your effort and you have to invent some new crisis to whip up the base again. Rinse, hype up to a lather, and repeat. I don't see how Trumps opponent can compete. By the time the next presidential election rolls around, assuming he doesn't shoot himself in the foot and get caught up in something real, he will have the persona of a guy who survived the full onslaught of the opposition, the winner he claimed to be the first time around... How does his challenger compete with that?

      --
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    3. Re: Complete idiocy by Jahoda · · Score: 5, Insightful

      If Hillary Clinton had been elected and was accused of even 1/10th of what Trump is under investigation for there is zero doubt in my mind that there would be armed revolt in the streets with rifles and everything else.

      Returning to the topic at hand, if the President feels that twitter is the appropriate way to address the nation, then the account should be treated no differently than any other instrument of the executive office.As you have noticed, the democratic party controls none of the federal government, so let us not worry so much about them as much as the ruling party and it's actions - and I know that you hold them to the same standard as you did Obama and the Democrats.

      >> But please! Carry on! Continue with unhinged, delusional snarkery

      You know, there's irony, and then there's irony.

  3. It is not going to work by AlanObject · · Score: 4, Insightful

    I don't think that's going to work. The White House and most if not all Senators and Congressmen have web pages for many years and have never given up the right to control what goes on them.

    Free speech does not mean that the government has to publish whatever you want to say. When the president gives a speech he does not have to give up the microphone to you.

    Further, if this actually got to court they could point out that the plaintiffs have multiple other avenues to having their voiced heard. There is no constitutional reason it has to be on the president's twitter feed.

    Big Meh

  4. Funny by Anonymous Coward · · Score: 4, Insightful

    It's a private forum when the left uses to censor people. But it's suddenly a public forum when they are the ones being censored.

  5. Re:Trump isn't the problem by Anonymous Coward · · Score: 5, Insightful

    how can we disenfranchise 63 million heavily-armed idiots? Bible-thumping assmonkeys

    And this is why this country is the state it's in. Have some respect for your fellow Americans, even if you don't agree with them. You keep calling them militant rednecks, they keep calling you communist tree huggers, and nothing changes for the better. Try understanding and compromising, instead of demonizing and neutralizing.

  6. Re:This lawsuit cannot be allowed by ScentCone · · Score: 1, Insightful

    It's just classic liberal hypocrisy. Everything juvenile and coarse that other people do is a sign of their stupidity and lack of nuanced culture. When liberals can't muster an intelligent, non-insulting thing to say, or - as they do so often - resort to actual violence and destruction because they can't make a convincing, coherent point using words ... then their juvenile and coarse behavior is "resistance" and is noble and good. When a progressive says that someone is bad because of how they look, it's a sign of progressive superiority. When a progressive smashes someone's business window and beats people bloody for daring to want to go hear someone speak non-approved thought on a college campus, that's a sign of just how correct they are. You need to keep up!

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    Don't disappoint your bird dog. Go to the range.
  7. Re:Trump isn't the problem by Kiuas · · Score: 5, Insightful

    Try understanding and compromising, instead of demonizing and neutralizing.

    I'm not an American but having followed and participated in quite a few discussions about Trump and Trump supporters, here's the challenge with this: generally speaking anyone with enough intelligence can understand your point is correct, and that simply launching insults at people is not going to change anyone's mind.

    But that's just it; to understand the value of civility and focusing on factual discussion instead of personal traits requires some education. The trump-base at this point consist of mostly uneducated people many of whom think for example that repealing Obamacare is a good thing when they're relying on it themselves but simply do not realize that the affordable care act and 'Obamacare' are one and the same thing. These are often extremely mis and disinformed people who are very easily manipulated with outright lies as their capability and willingness to do fact-checking is highly limited, which is why they're easy prey for all sorts of conspiracy theorists á la Alex turning the freaking frogs gay' Jones.

    Now then, obviously mocking these people won't make them any smarter or get them to realize their errors, so doing that is a waste of time and resources. However at the same time 'understanding and compromising' is not something they're really all that capable of at this point because trump has effectively put them in this mindset of 'winning' vs 'losing'. In their minds, the 'losers' from the 'fake news' outlets are outraged that Trump won and are trying to sabotage him from every angle, so obviously the news are going to report negative things about him but that's just because they don't want him to "win." Like the conspiracy theorists, it doesn't really mater how much data you present to them to try and show them they're wrong because they' quite naturally ignore evidence that runs contrary to their understanding. Confirmation bias combined with Dunning-Kruger effect (Trump supporters largely overestimating their own knowledge and abilities) and curse of knowledge where the non-Trump side assumes that the Trump supporters have all the skills available to be able to understand why the concept of say climate change is not 'a Chinese conspiracy to make American corporations less competitive' as Trump claimed if someone just hands them the facts. But that's not how it goes, and anyone who's ever debated a conspiracy theorist or been one himself will know this.

    In short: as long as you have a president in charge of the country whose main rhetorical devices are lying, insults and obfuscation, I'm afraid expecting the general level of political discussion to elevate itself to a higher level is probably futile. The only long lasting answer is to educate the poor people more, which the Trump administration certainly is not going to do because it thrives on ignorance.

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