
Audio By Carbonatix
A federal judge ruled Wednesday that President Trump cannot block people from his Twitter account in response to their political views because it violates their right to free speech.
U.S. District Judge Naomi Reice Buchwald reasoned in her opinion that Twitter is a designated public forum, so blocking users based on their political speech "constitutes viewpoint discrimination that violates the First Amendment." She rejected the president's defense that the First Amendment didn't apply, and "the President's personal First Amendment interests supersede those of the plaintiffs," the Knight First Amendment Institute and others.
Buchwald also disagreed with the contention of the defense that injunctive relief can never be awarded against the president, but she decided that she didn't need to "enter that legal thicket at this time." She instead settled on a declaratory judgment that "no government official -- including the President -- is above the law."
She said that "the individual plaintiffs were indisputably blocked" by Mr. Trump "as a result of viewpoint discrimination."
In the original suit, the group of blocked users describe Mr. Trump's frequent use of Twitter as "a kind of digital town hall in which the president and his aides use the tweet function to communicate news and information to the public."
"Because of the way the President and his aides use the @realDonaldTrump Twitter account, the account is a public forum under the First Amendment," the lawsuit states. "Defendants have made the account accessible to all, taking advantage of Twitter's interactive platform to directly engage the President's 33 million followers."
Buchwald applied the Supreme Court's three-part standard for determining whether the communication constitutes private speech or government speech:
- If the speech has been used historically to convey state messages
- If it is "often closely identified in the public mind" with the government
- How much "direct control over the messages conveyed" stems from the government
The defendants disputed this definition, arguing that the @realDonaldTrump account is technically the president's personal page, while @POTUS is designated as his official presidential Twitter account. With this distinction, Mr. Trump's account would qualify as private speech.
However, the Federal District Court for the Southern District of New York found that this was not the case.
"In so holding, 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 memorandum reads.
Latest Stories
-
Airlines cut flights and hike fares as fuel prices surge
12 minutes -
Kane inspires Bayern to first-leg advantage over Real Madrid at Bernabéu
23 minutes -
Wireless Festival cancelled after Kanye West blocked from coming to UK
30 minutes -
Wa West MP commissions five boreholes for the benefit of his constituents
31 minutes -
Havertz’s late strike hands Arsenal narrow first-leg advantage over Sporting
33 minutes -
Damang mine award: Minority not against Ghanaian participation; we’re asking for fair process – Konadu
55 minutes -
NPA to enforce stricter registration rules for petroleum tankers
1 hour -
Manhyia South MP laments decline in hospitality operations in his constituency
2 hours -
How a simple clean charcoal innovation could benefit Ghana’s climate future
2 hours -
NPA, COMAC launch Safety Week 2026 to promote risk management in petroleum sector
2 hours -
Stakeholder engagement resolves onion trade impasse
2 hours -
Gender Ministry holds staff durbar, welcomes new Chief Director
2 hours -
Unexpected illness sparked my radio career – Tommy Annan-Forson
2 hours -
Bolt Ghana awards GH¢50,000 to women entrepreneurs through “She Moves to Win” campaign
2 hours -
NRGI Country Manager questions speed of ministerial approval in Damang mining deal
2 hours