WASHINGTON — President Trump has been violating the Constitution by blocking people from following his Twitter account because they criticized or mocked him, a federal appeals court ruled on Tuesday. The ruling could have broader implications for how the First Amendment applies to the social-media era.
Because Mr. Trump uses Twitter to conduct government business, he cannot exclude some Americans from reading his posts — and engaging in conversations in the replies to them — because he does not like their views, a three-judge panel on the United States Court of Appeals for the Second Circuit ruled unanimously.
Writing for the panel, Judge Barrington D. Parker noted that the conduct of the government and its officials are subject today to a “wide-open, robust debate” that “generates a level of passion and intensity the likes of which have rarely been seen.” The First Amendment prohibits an official who uses a social media account for government purposes from excluding people from an “otherwise open online dialogue” because they say things the official disagrees with, he wrote.
“This debate, as uncomfortable and as unpleasant as it frequently may be, is nonetheless a good thing,” Judge Parker wrote. “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.”
“The ruling will ensure that people aren’t excluded from these forums simply because of their viewpoints and that public officials don’t transform these digital spaces into echo chambers,” Mr. Jaffer said. “It will help ensure the integrity and vitality of digital spaces that are increasingly important to our democracy.”
His posts generate tens of thousands of replies, as people respond to what he has said and engage in debates with each other.
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