In the News: “Judge: President Can’t Block Critics on Twitter” (Full Text of Court Decision)
Full Text of Decision
The full text of Judge Buchwald’s decision can be accessed here (via CourtListener).
76 pages; PDF.
From the AP:
A federal judge in New York says President Donald Trump violates the First Amendment by blocking critics on Twitter for political speech.
Judge Naomi Reice Buchwald in Manhattan issued the written decision Wednesday.
Buchwald agreed with the plaintiffs’ contention that the discussions arising from Trump’s tweets should be considered a public forum. She rejected an argument made by Justice Department lawyers that Trump’s own First Amendment rights allowed him to block people with whom he did not wish to interact.
She stopped short of directly ordering Trump to unblock users, saying it was not necessary to enter a “legal thicket” involving courts’ power over the president.
“Because no government official is above the law and because all government officials are presumed to follow the law once the judiciary has said what the law is, we must assume that the President and Scavino will remedy the blocking we have held to be unconstitutional,” she wrote.
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Gary Price (firstname.lastname@example.org) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. Before launching INFOdocket, Price and Shirl Kennedy were the founders and senior editors at ResourceShelf and DocuTicker for 10 years. From 2006-2009 he was Director of Online Information Services at Ask.com, and is currently a contributing editor at Search Engine Land.