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The Trump administration is asking the Supreme Court to review a decision from last year in which the Second Circuit Court of Appeals said that the president’s blocking someone from his personal Twitter account based on what ‘he says constitutes a violation of the First Amendment.
While blocked users still have the ability to see someone’s tweets if they’re not logged in, they can’t see replies or take part in the conversation that continues in reply threads, which they say court, was a public forum given Trump’s use. Twitter to discuss political issues.
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“The result of the new appeals court ruling will be to jeopardize the ability of public officials – from the President of the United States to a village councilor – to isolate their social media accounts from harassment, trolls or hate speech without judicial invasion. surveillance “, indicates the petition of the administration.” Applied to the president in particular, this [Supreme] The court – not a lower federal court – should decide where to draw the line between the president’s personal decisions and official conduct. “
A group of Twitter users took legal action after Trump blocked them, and they won at the district and circuit court levels.
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The administration argued that “a federal official performs government action subject to constitutional review only when exercising power” held under [federal] law. “” The petition noted that Trump’s ability to block users comes from being a Twitter user, not from being the president.
There is no indication of when the Supreme Court will decide whether to hear the case, but if it does, it is likely that oral argument will not take place until next year.
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After the Second Circuit ruling, former New York Democrat MP Dov Hikind sued Rep. Alexandria Ocasio-Cortez, claiming she illegally blocked him. Ocasio-Cortez initially postponed the trial, but the parties ended up settling out of court the day before his appearance.
As per the settlement agreement, the congresswoman apologized to Hikind and released him.
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