The Second Circuit U.S. Court of Appeals has denied to review a lawsuit brought by President Donald Trump to allow him to block users on his Twitter account. In July a three-judge panel of the second circuit found that his Twitter account was public forum and his blocking users constituted viewpoint discrimination. (First Amendment Watch, March 24, 2020)
The Trump administration can still appeal the case to the U.S. Supreme Court. The two dissenting judges, both Trump appointees, said the First Amendment does not include a right to post on other’s social media accounts, even if they are elected officials. (Politico, March 23, 2020, by Leah Nylen)
Justice Barrington Parker said in the court’s ruling last July, “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.” (Courthouse News Service, March 23, 2020, by Adam Klasfeld)
For previous FAC’s coverage on the issue, click here, here and here.