Trump attacks and appeals 'fundamentally misconceived' Twitter block decision

www.theregister.co.uk | 8/26/2019 | Staff
Mkgirlz (Posted by) Level 3
Click For Photo: https://regmedia.co.uk/2017/09/28/trump_shutterstock.jpg

Donald Trump should be allowed to block people from his Twitter feed because it is not an official government account, the president’s lawyers have re-argued in a legal appeal.

The lawyers are asking that a decision by a subset of the Second Circuit be reviewed by the entire court. Their core argument remains that the @realDonaldTrump account should not subject to the First Amendment – where he is not allowed to block access as it is a “public forum” – because it is a personal account and he is entitled to do with as he pleases.

Time - Trump - Team - Claim - District

This is the third time that Trump’s legal team has made the claim. It has been rejected twice by a district court and appeals court, each of which found that @realDonaldTrump is effectively a government account because of Trump's position as president and the fact that the account is run by official White House personnel.

There is some logic to Trump’s argument: he opened the account before he even ran as president, it is under his own name, and even if he does block someone they can still view his tweets.

Aspects - President - Donald - Trump - Distinction

But, as with many other aspects of his president, Donald Trump has refused to accept any distinction between his position as a private citizen and that of the president. As such, the @realDonaldTrump account has become synonymous with the office of president, despite the existence of the @POTUS and @WhiteHouse Twitter accounts. Trump often uses it to discuss the official business of government.

There is some additional legal argument in the filing [PDF]. It cites one case where a district attorney’s phone call to a newspaper complaining about an article about him was not seen as official state action. And another where the court decided that a government employee’s actions could not always be assumed to be on...
(Excerpt) Read more at: www.theregister.co.uk
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