The case could set a legal precedent for future presidents and government officials who try to silence members of the public on social media.
Three federal appeals court judges in New York on Tuesday will hear a case looking at whether a district court last year was correct to rule that it is unconstitutional for Donald Trump, in his official capacity as president, to block critics on Twitter because he does not agree with their viewpoints.
Pappas said he was blocked when he replied to one of Trump’s tweets in June 2017 to protest a court rejection of a Muslim travel ban. “Trump is right. The government should protect the people. That's why the courts are protecting us from him,” Pappas wrote. The plaintiffs said they were unblocked a few weeks after Buchwald’s ruling, but Justice Department lawyers representing the president appealed the decision. The Justice Department did not respond to Newsweek’s request for comment regarding Tuesday’s appeals case.
But Geltzer’s argument—in agreement with the plaintiffs, other First Amendment advocates and Judge Buchwald’s ruling—is that the president cannot prevent people from engaging in the public forum and digital town hall that is his Twitter account because it’s not solely for personal use. Trump uses his feed to conduct presidential business, including making statements, issuing policy directives and announcing new government personnel.
A federal court of appeals ruling in the Fourth Circuit in January could bolster the plaintiff’s arguments when the appeals court hears the case, Geltzer said. The Fourth Circuit found it was unconstitutional for a local official in Virginia to block a man from her official Facebook page that was created for engagement with constituents.
Gu said he was blocked for tweeting at Trump “something along the lines of ‘The president doesn’t even proof-read his own tweets and he’s in control of the nuclear button. That’s pretty scary.’”
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