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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."

20 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 Anonymous Coward · · Score: 5, Informative

      Some in his WH cabinet have claimed it is official.

    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: 5, Funny

      His position entitles him to take over the entire spectrum of public transmission in order to broadcast a message to the masses if necessary.

      Please dear Lord, do not let that asshole know that.

      24x7 wall-to-wall ads for Trump products.
      On every broadcaster. Forever.

    4. Re:Wrong approach by tinkerghost · · Score: 5, Informative

      actually, his communications officer has declared it to be an official communication channel. Which by the way, means deleting tweets from it between his first and last day in office is a violation of the communications preservations acts.

    5. 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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    6. Re:Wrong approach by Anonymous Coward · · Score: 5, Funny

      Does that apply to emails written by the Secretary of State? Asking for a friend.

    7. Re: Wrong approach by Entrope · · Score: 4, Interesting

      The plaintiffs in this lawsuit have no right, First Amendment or otherwise, for the general public to be forcibly exposed to their responses to Trump's blather.

      They can even set up a public mirror of his tweets, and respond there, if they want. Call it @realSmallHands or something, although that's probably taken.

    8. 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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    9. Re: Wrong approach by Entrope · · Score: 4, Informative

      In the context of the First Amendment, such a meeting is called a limited public forum, and is subject to some restrictions by the government that organized it. http://www.firstamendmentcente... goes into more depth about what is and isn't allowed.

      I very much doubt that the @realDonaldTrump Twitter account will be held to be either a traditional or limited public forum for the purposes of First Amendment analysis. It meets the usual criteria for a nonpublic forum, and any "public" uses of it align closely with Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 (1983) as described at https://canons.sog.unc.edu/lim....

  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 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

    1. Re:It is not going to work by Serenissima · · Score: 5, Funny

      It would be absolutely hilarious if this went to court, the court ruled it was a private account, and the next day Twitter blocked the account because of too many abusive language flags.
      They could say, "It's a private account, the President is still able to post through the @POTUS account."
      It'd never happen, but man, it'd be funny if it did. :)

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    2. Re:It is not going to work by quantaman · · Score: 5, Interesting

      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.

      I don't see how that's relevant (unless you mean things like Facebook).

      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.

      No, but if he creates a bulletin board for people to post comments about his speech he can't take down all the ones he disagrees with.

      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

      The first amendment doesn't work like that, you can't do viewpoint discrimination just because the person could publish their views somewhere else.

      That being said I'm still not convinced Twitter does qualify as a public forum. I find the claims about being barred from reading the Tweets to be unconvincing (it's pretty easy to view the tweets even if blocked), but being unable to reply is another matter. Being unable to reply to @RealDonaldTrump really does affect your ability to participate in the public dialogue.

      There's also a lot of Politicians who have Facebook pages, I don't see why a ruling on Trump's Twitter account wouldn't apply to their Facebook pages as well.

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    3. Re:It is not going to work by TheGratefulNet · · Score: 4, Interesting

      if the POTUS offers 'the citizens' in general a back-channel to reach the POTUS (ie, a reply button) - but then denies it selectively based on personal whim, THAT is the problem that we are discussing.

      if he made it broadcast-only, like classic old-school one-way media, then no one has a reply button. that's how things were up until we had this 'series of tubes' appear and, well, change everything.

      small-hands wants to silence his critics and make his 'channel' appear to be nothing but good feelings and support from 'all' the people. and by deleting the ones you don't agree with, you censor the public. no other way to put it, you censor the public's replies based on arbitrary political criteria.

      do you really think that's a good thing? is this the kind of country and society we want?

      if he's allowing any comments, he must allow them all.

      stay classy, donald. (sigh)

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  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. What it will come down to by sarbonn · · Score: 4, Interesting

    The interesting part of this case is that it most likely will be decided upon whether or not the court system considers Trump's Twitter account to be the official word of the POTUS, or if it's considered a private account. His own staff has already muddied the water by stating that his tweets are official words of the administration. And his POTUS account is practically silent in comparison to his own personal account. I don't personally have a horse in this race, but I am quite interested in the outcome because either way the decision goes, it's going to be a significant decision.

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  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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