A federal judge ruled last Wednesday that President Trump cannot block people from viewing his Twitter feed nor can he block people that reply with dissenting opinions.
A judge for the United States Court for the Southern District of New York, the Honorable Naomi Reice Buchwald, stated that President Trump’s Twitter feed is considered a public forum, as reported by The Hill. Blocking people who reply with a difference in political opinion constitutes viewpoint discrimination which, in turn, violates the First Amendment.
The lawsuit was brought against the Trump Administration by Knight First Amendment Institute of Columbia University on behalf of seven individuals that were blocked from the @realDonaldTrump account due to the opinions conveyed through their reply tweets.
Hon. Naomi Reice Buchwald, a President Clinton appointed judge, rejected the Trump Administration’s argument that the First Amendment does not apply in this particular case and the President’s First Amendment interests take precedent over those of the plaintiff’s. Judge Buchwald suggested the President could have ignored the tweets that convey dissenting opinions.
“No First Amendment harm arises when government’s ‘challenge conduct’ is simply to ignore that [speaker], as the Supreme Court has affirmed ‘that is free to do,’” wrote Judge Buchwald. “Stated otherwise, ‘a person’s right to speak is not infringed when government simply ignores that person while listening to others,’ or when the government ‘amplifies’ the voice of one speaker over those of others,” she wrote as reported by The Hill.
Buchwald continued her explanation in that blocking someone via Twitter is a harsher action that “muting” them.
“Muting preserves the muted account’s ability to reply to a tweet sent by the muting account, blocking precludes that blocked user from ‘seeing or replying to the blocking user’s tweets’ entirely,” said Judge Buchwald.
The lawsuit also named the White House’s Social Media Director and assistant to President Trump, Daniel Scavino. The judge did not order President Trump nor Daniel Scavino to unblock the plaintiffs listed in the lawsuit however, she did state that a declaratory judgement should be sufficient in accomplishing the same result.
“Because no government official is above the law and because all government officials are presumed to follow the law once the judiciary has said what the law is, we must assume that the President and Scavino will remedy the blocking we have held to be unconstitutional,” Buchwald wrote.
Judge Buchwald is correct in making this ruling and it will only help President Trump in the end.
The President’s Twitter account is a public forum and he has stated in the past that he uses it in order to reach out to the public. President Trump uses Twitter to cut through the media’s bias in order to broadcast the message as he intends it to be. President Trump also uses Twitter in a manner of public awareness as to alert followers of fake news or biased reporting, which happens on a daily basis. Everyone that wishes to view the President’s public opinion via Twitter should be able to do so regardless of political position. And please Mr. President, allow those who differ in opinion to reply to your tweets for they serve as the best defense of your proposed policies.
Let the loons be seen Mr. President! Let them argue for “open borders” while everyone can plainly see the harm illegal immigration is bringing to the United States in the form of drug trafficking, crime, and wage stagnation. Let them argue for “gender identification/multiplication” while the majority of us recognize that gender is of a binary constitution that is built into our chromosomes and cannot be manipulated. Let them argue for higher taxes while the struggling middle-class and poverty-stricken are demanding tax relief. Let them defend animalistic gangs such as MS-13 (Mara Salvatrucha-13) while the rest of America mourns their endless slew of dismembered victims. Let them argue for globalism while American voters want their elected officials to serve Americans first. Let them argue for Socialist ideals that have laid waste to countless societies while America continues to blossom via capitalism. Let them criticize your economic policies that are delivering America back to prosperity.
Every objective observer can clearly see the positive progress President Trump is making with his “America First” policies. “America First” is viewed as what’s best for AMERICANS regardless of sex, race, religion, sexual orientation, or any other social divisions within America. Liberal politicians that argue against President Trump’s “America First” policies let their constituents see them for who they truly are: conniving megalomaniacs that fight for the needs of another country’s citizens while neglecting the needs of the very constituents that voted them into office. The lunacy of what liberal-progressives argue for makes them unwitting proponents of the Trump Agenda.
So please Mr. President, allow them to air-out their grievances in a similar manner to which the man on the street corner warns passersby with a strip of cardboard, “the end is near.” We all know they are crazy and silencing them only makes them feel provocative in a way that allows them to double-down on arrogance. The conservative movement need not be afraid of liberal-progressives for their name is merely a euphemism for their regressive policies that appear to be aimed at taking America from the height of prosperity to the brink of disparity.