What Is Twitter?
May. 24th, 2018 11:08 amhttps://www.washingtonpost.com/news/morning-mix/wp/2018/05/24/trump-twitter-ruling-what-it-takes-to-get-blocked-by-the-president/
Seattle Times published the same article for those of you who subscribe to the Seattle Times but not WaPo:
https://www.seattletimes.com/nation-world/trump-twitter-ruling-what-it-takes-to-get-blocked-by-the-president/
The defendant’s argument was that he is exercising his right as a private citizen to block people at will for any reason. However, if the defendant were a private citizen, the defendant would have been banned from Twitter quite a while ago. So, his activities on Twitter only occur in his official capacity as top federal executive branch official. Thus, they are subject to constraints that do not apply to private citizens.
The judge’s argument is that by blocking people who criticize him FOR criticizing him, he is violating their First Amendment rights, because millions of people don’t get to read what they have to say.
Group decision making and policy setting is a messy, slow moving and complex enterprise. But it definitely does happen. It will be interesting to monitor future developments. Certainly, jurisdiction is also a component of this evolving set of principals for who gets to do what on Twitter.
ETA: PG’s take on this case (he expects reversal on appeal — sounds plausible to me, but I’m no lawyer).
http://www.thepassivevoice.com/trump-blocking-critics-on-twitter-violates-constitution-u-s-judge/
Seattle Times published the same article for those of you who subscribe to the Seattle Times but not WaPo:
https://www.seattletimes.com/nation-world/trump-twitter-ruling-what-it-takes-to-get-blocked-by-the-president/
The defendant’s argument was that he is exercising his right as a private citizen to block people at will for any reason. However, if the defendant were a private citizen, the defendant would have been banned from Twitter quite a while ago. So, his activities on Twitter only occur in his official capacity as top federal executive branch official. Thus, they are subject to constraints that do not apply to private citizens.
The judge’s argument is that by blocking people who criticize him FOR criticizing him, he is violating their First Amendment rights, because millions of people don’t get to read what they have to say.
Group decision making and policy setting is a messy, slow moving and complex enterprise. But it definitely does happen. It will be interesting to monitor future developments. Certainly, jurisdiction is also a component of this evolving set of principals for who gets to do what on Twitter.
ETA: PG’s take on this case (he expects reversal on appeal — sounds plausible to me, but I’m no lawyer).
http://www.thepassivevoice.com/trump-blocking-critics-on-twitter-violates-constitution-u-s-judge/