Please ensure Javascript is enabled for purposes of website accessibility
Trump Can't Block You on Twitter, Judge Rules
bill-new-mug-002
By Bill McEwen, News Director
Published 6 years ago on
May 23, 2018

Share

NEW YORK — President Donald Trump violates the First Amendment when he blocks critics on Twitter because of their political views, a judge ruled Wednesday.
U.S. District Judge Naomi Reice Buchwald in Manhattan stopped short in her written decision of ordering Trump or a subordinate to stop the practice of blocking critics from viewing his Twitter account, saying it was enough to point out that it was unconstitutional.

“The President presents the @realDonaldTrump account as being a presidential account as opposed to a personal account and, more importantly, uses the account to take actions that can be taken only by the President as President.” — U.S. District Judge Naomi Reice Buchwald 
“A declaratory judgment should be sufficient, as no government official — including the President — is above the law, and all government officials are presumed to follow the law as has been declared,” Buchwald wrote.
She said she rejected the assertion that an injunction can never be lodged against the president but “nonetheless conclude that it is unnecessary to enter that legal thicket at this time.”
The case was brought last July by the Knight First Amendment Institute at Columbia University and seven individuals blocked by Trump after criticizing the Republican president.

DOJ Disagrees With Judge’s Ruling

Kerri Kupec, a spokeswoman for the Department of Justice, said in an email: “We respectfully disagree with the court’s decision and are considering our next steps.”
Jameel Jaffer, the Knight Institute’s executive director, said in a release that his organization was pleased.
“The president’s practice of blocking critics on Twitter is pernicious and unconstitutional, and we hope this ruling will bring it to an end,” he said.
The lawsuit was filed after Trump blocked some individuals from @realDonaldTrump, a 9-year-old Twitter account with over 50 million followers, after each of them tweeted a message critical of Trump or his policies in reply to a tweet he had sent.
Justice Department lawyers had argued it was Trump’s prerogative to block followers, no different from the president deciding in a room filled with people not to listen to some.
Buchwald ruled that the tweets were “governmental in nature.”
“The President presents the @realDonaldTrump account as being a presidential account as opposed to a personal account and, more importantly, uses the account to take actions that can be taken only by the President as President,” the judge said.
The judge said it did not matter that Trump began the account in 2009 when he was a private citizen, just as a privately constructed airport taken over by a public agency would no longer be private.

Judge Says Trump Has Option of Muting Critics

She noted that another defendant, Daniel Scavino — the White House’s social media director and an assistant to the president — can unblock those followers without the president needing to do it himself. The judge dismissed Sarah Huckabee Sanders as a defendant in the case after it was established she does not have access to Trump’s account.
Buchwald also said she recognized the impact on the individuals by Trump’s action was not “of the highest magnitude.” She said the First Amendment protects people even from trivial harm.
After a hearing this year, the judge had suggested that Trump mute rather than block some of his critics. At the time, a Justice Department attorney agreed that muting would enable Trump to avoid a tweet he doesn’t want to read.
Twitter users can block people, which prevents them from seeing the user’s feed while logged in. Or they can mute the person, which keeps the user from seeing that person’s tweets and reply messages in their feed.

DON'T MISS

Trump Criticizes Judge and His Daughter After Gag Order in Hush-Money Case

DON'T MISS

Police Had About 90 Seconds to Stop Traffic Before Baltimore Bridge Fell. 6 Workers Are Feared Dead

DON'T MISS

NBC Has Cut Ties With Former RNC Head Ronna McDaniel After Employee Objections, Some on the Air

DON'T MISS

Chinese Leader Xi Issues a Positive Message to US Business Leaders as Ties Improve

DON'T MISS

Cargo Ship Lost Power, Issued Mayday Before Hitting Baltimore’s Bridge

DON'T MISS

Trump’s Social Media Company Soars Nearly 50% in Its First Day of Trading on Nasdaq

DON'T MISS

Supreme Court Appears Likely to Preserve Access to Abortion Medication Mifepristone

DON'T MISS

Court Agrees to Pause Trump’s Civil Fraud Judgment if He Puts up $175M

DON'T MISS

Fresno Police Nab Suspect in March 14 Slaying on Bulldog Lane

DON'T MISS

This Kitty Checks All the Boxes: ‘Happy, Playful, Loves to Eat’

No data was found
Bill McEwen,
News Director
Bill McEwen is news director and columnist for GV Wire. He joined GV Wire in August 2017 after 37 years at The Fresno Bee. With The Bee, he served as Opinion Editor, City Hall reporter, Metro columnist, sports columnist and sports editor through the years. His work has been frequently honored by the California Newspapers Publishers Association, including authoring first-place editorials in 2015 and 2016. Bill and his wife, Karen, are proud parents of two adult sons, and they have two grandsons. You can contact Bill at 559-492-4031 or at Send an Email

Trump Criticizes Judge and His Daughter After Gag Order in Hush-Money Case

13 hours ago

CA Insurance Market ‘in Chaos,’ Says Former Insurance Commissioner. Can Lara Fix It?

14 hours ago

Stock Market Today: S&P 500 Sets a Record After Wall Streets Breaks Out of Its Lull

14 hours ago

House Speaker Mike Johnson Headed to Fresno on April 4

14 hours ago

Bredefeld, Smittcamp Debate the Salary of Valley Children’s CEO

14 hours ago

CA’s Liberal Government Has a Long History of Caving to Special Interests

14 hours ago

Corrupt Process? Bullard, Edison Parents Blast Handling of Superintendent Search

15 hours ago

Police Had About 90 Seconds to Stop Traffic Before Baltimore Bridge Fell. 6 Workers Are Feared Dead

16 hours ago

NBC Has Cut Ties With Former RNC Head Ronna McDaniel After Employee Objections, Some on the Air

16 hours ago

Here Are Some Numbers That Will Help You Get Your March Madness Fix for the Sweet 16

16 hours ago

Ukrainian Navy Says a Third of Russian Warships in the Black Sea Have Been Destroyed or Disabled

KYIV, Ukraine — Ukraine has sunk or disabled a third of all Russian warships in the Black Sea in just over two years of war, the navy spokes...

7 hours ago

7 hours ago

Ukrainian Navy Says a Third of Russian Warships in the Black Sea Have Been Destroyed or Disabled

Composite image of President Trump and Devin Nunes
11 hours ago

Wired Wednesday: How Going to Work for Trump Turned Devin Nunes Into a Millionaire

12 hours ago

Former Sen. Joe Lieberman, Democrats’ VP Pick in 2000, Dead at 82

13 hours ago

Trump Criticizes Judge and His Daughter After Gag Order in Hush-Money Case

14 hours ago

CA Insurance Market ‘in Chaos,’ Says Former Insurance Commissioner. Can Lara Fix It?

14 hours ago

Stock Market Today: S&P 500 Sets a Record After Wall Streets Breaks Out of Its Lull

14 hours ago

House Speaker Mike Johnson Headed to Fresno on April 4

14 hours ago

Bredefeld, Smittcamp Debate the Salary of Valley Children’s CEO

MENU

CONNECT WITH US

Search

Send this to a friend