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| US President Donald Trump is not legally entitled to block his critics on Twitter, an appeals court ruled, because he has been using the account in his official capacity (AFP Photo/Eric BARADAT) |
Washington (AFP) - A federal appeals court ruled Tuesday that US President Donald Trump cannot legally block users on Twitter based on their political differences with him, affirming a lower court decision.
The
three-judge panel agreed with last year's ruling by a federal judge that Trump
was using "viewpoint discrimination" in violation of the
constitutional rights of people with opposing views.
The Second
Circuit Appeals Court sidestepped the question of the president's free speech
rights under the constitution's First Amendment on a privately owned internet
platform, but affirmed that Trump had effectively created a public forum for
official White House business.
"The
First Amendment does not permit a public official who utilizes a social media
account for all manner of official purposes to exclude persons from an
otherwise‐open online dialogue because they expressed views with which the
official disagrees," the judges wrote in a 29-page opinion.
The ruling
comes in response to a lawsuit filed by a group of Twitter users and the Knight
First Amendment Institute at Columbia University, alleging that Trump
improperly blocked comments from his political opponents.
Plaintiffs,
including a University of Maryland professor, a Texas police officer and a New
York comic, said they were blocked from the @realDonaldTrump account after
posting tweets critical of his policies.
Trump's
legal response is that he is not acting in his official capacity when he blocks
users, but the court disagreed.
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| US President Donald Trump's decision to block people on Twitter who voiced disagreement with him prompted a federal lawsuit arguing he was using his personal account as an official forum (AFP Photo/Brendan SMIALOWSKI) |
"The
president and multiple members of his administration have described his use of
the account as official," the appeals court ruling said.
"We
conclude that the evidence of the official nature of the account is
overwhelming. We also conclude that once the president has chosen a platform
and opened up its interactive space to millions of users and participants, he
may not selectively exclude those whose views he disagrees with."
Another
appeal?
The Justice
Department, which represented the president, has the option to appeal the
decision to the US Supreme Court.
"We
are disappointed with the court's decision and are exploring possible next
steps," Justice Department spokesperson Kelly Laco said in an emailed
statement.
"As we
argued, President Trump's decision to block users from his personal Twitter
account does not violate the First Amendment."
The Knight
Institute said the ruling could set an important precedent as more public
officials turn to social media for official business.
"Public
officials' social media accounts are now among the most significant forums for
discussion of government policy," said Jameel Jaffer, the Knight
Institute's executive director.
"This
decision will ensure that people aren't excluded from these forums simply
because of their viewpoints, and that public officials aren't insulated from
their constituents' criticism. The decision will help ensure the integrity and
vitality of digital spaces that are increasingly important to our
democracy."
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