Wednesday 19 July 2017

The American Resistance has many faces and tweeters are just some of them (11)


In the matter of KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY; REBECCA BUCKWALTER; PHILIP COHEN; HOLLY FIGUEROA; EUGENE GU; BRANDON NEELY; JOSEPH PAPP; and NICHOLAS PAPPAS, Plaintiffs, v DONALD J. TRUMP, President of the United States; SEAN M. SPICER, White House Press Secretary; and DANIEL SCAVINO, White House Director of Social Media and Assistant to the President, Defendants, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. Filed 11 July 2017.

The New York Times, 11 July 2017:

WASHINGTON — A group of Twitter users blocked by President Trump sued him and two top White House aides on Tuesday, arguing that his account amounts to a public forum that he, as a government official, cannot bar people from.

The blocked Twitter users, represented by the Knight First Amendment Institute at Columbia University, raised cutting-edge issues about how the Constitution applies to the social media era. They say Mr. Trump cannot bar people from engaging with his account because they expressed opinions he did not like, such as mocking or criticizing him.

“The @realDonaldTrump account is 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, and members of the public use the reply function to respond to the president and his aides and exchange views with one another,” the lawsuit said.

By blocking people from reading his tweets, or from viewing and replying to message chains based on them, Mr. Trump is violating their First Amendment rights because they expressed views he did not like, the lawsuit argued.

It offered several theories to back that notion. They included arguments that Mr. Trump was imposing an unconstitutional restriction on the plaintiffs’ ability to participate in a designated public forum, get access to statements the government had otherwise made available to the public and petition the government for “redress of grievances.”

Filed in Federal District Court for the Southern District of New York, the lawsuit also names Sean Spicer, the White House press secretary, and Dan Scavino, Mr. Trump’s director of social media, as defendants. It seeks a declaration that Mr. Trump’s blocking of the plaintiffs was unconstitutional, an injunction requiring him to unblock them and prohibiting him from blocking others for the views they express, and legal fees.

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