HNewsWire- ok- if it's a public forum then all the banned conservatives should be allowed again?
The judge ruled that blocking people who reply to the President’s tweets with differing opinions constitutes viewpoint discrimination and is in violation of the First Amendment.
“We reject the defendants’ contentions that the First Amendment does not apply in this case and that the President’s personal First Amendment interests supersede those of plaintiffs,” the judge wrote in a 75-page decision.
The judge did not order the President to unblock users, but the case could be a landmark in how public officials use Twitter, and how lawsuits against the tech giant for First Amendment and anti-trust violations move forward.
“No government official — including the President — is above the law, and all government officials are presumed to follow the law as has been declared,” she said.
Once it is a public forum, you can’t shut somebody up because you don’t like what they’re saying,” U.S. District Judge Naomi Reice Buchwald said. Trump’s attorney, Michael Baer, countered the judge’s question by comparing the president blocking someone on Twitter to walking away from someone at an event.
Baer also argued that Trump’s tweets do not qualify as “state action,” to which the plaintiffs responded that the account operates in an “official capacity” by announcing “policies or policy proposals.” The issue is at stake in a lawsuit filed by seven Twitter users, who say their constitutional rights were violated when Trump blocked them. It is not clear when the Manhattan federal court will rule on the issue.
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