Analysis: When Trump blocks you on Twitter, he’s violating the First Amendment
Trump’s government attorneys essentially acknowledge that the president engaged in viewpoint discrimination by blocking critics on Twitter for comments that he disliked, but theythat a private company like Twitter can’t be the site of a public forum. That’s ridiculous. It’s true that, in general, Twitter is a private company and therefore is not constrained by the First Amendment, which applies only to government actors.
Think of it as the digital equivalent of a president renting a ballroom in a hotel owned privately rather than by the government or even the president himself—and then using the space to host not a private, invitation-only fundraiser for a campaign, but a public town hall in a space accommodating more people than the public rooms in the White House can.
That’s what Trump believes he can get away with doing on Twitter, and he’s not the first world leader to do so.to cultivate a false impression that their people love them. That, in turn, warps public understandings of how those leaders are really viewed by their citizenry and aids the regimes’ efforts to quash democratic impulses.
It’s a model that Trump will be free to continue emulating ever more aggressively if his unconstitutional actions are allowed to stand. That’s why the trial court was right to find him in violation of the First Amendment, and it’s why leading First Amendment scholars from across the country have joined in arguing for the appeals court to reach the same result.
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