Once the president has chosen a platform and opened up its interactive space to millions of users and participants, he may not selectively exclude those whose views he disagrees with.
In resolving this appeal, we remind the litigants and the public that if the First Amendment means anything, it means that the best response to disfavored speech on matters of public concern is more speech, not less.
— Judge Barrington Parker, writing for a unanimous three-judge panel of the Second Circuit, upholding a lower court ruling against President Donald Trump for his efforts to block his critics and detractors from following him on Twitter. Such behavior is not only discriminatory, but it also violates the First Amendment.
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Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.