A New York federal judge has ruled that Donald Trump can’t block people he doesn’t like on Twitter, because he uses Twitter to communicate his edicts and policies as President of the United States, and the US government can’t exclude communications based on viewpoint, as this violates the First Amendment.
In an amicus brief filed on behalf of the plaintiffs, EFF argued governmental use of social media platforms to communicate to and with the public, and allow the public to communication with each other, is now the rule of democratic engagement, not the exception. As a result, First Amendment rights of both access to those accounts and the ability to speak in them must apply in full force.“The court ruling is a major win for the First Amendment rights of the public on social media,” said EFF Civil Liberties Director David Greene. “Governmental officials and agencies, big and small, at all levels of government, are using social media to speak to the public and allow the public to speak to them and each other. This development has brought democracy closer to the people. But the people’s First Amendment rights to see these messages and respond to them must be respected.”