FAN 191.2 (First Amendment News) Floyd Abrams Weighs in on Knight First Amendment Institute’s Victory in Twitter Ruling Against Trump

Back in July of last year, Jameel Jaffer, Katherine Fallow, and Alex Abdo filed a complaint in the Southern District of New York in a case titled Knight First Amendment Institute v. Trump. The suit contended that President Trump and his communications team violated the First Amendment by blocking seven people from the @realDonaldTrump Twitter account because they criticized the president or his policies.

                                                                 

Yesterday, in a 75-page opinion Judge Naomi Reice Buchwald ruled  that President Trump’s practice of blocking critics from his Twitter account violated the First Amendment. Judge Buchwald held that the “interactive space” where people reply to  Trump’s tweets amounted to a “designated public forum.” Given that, when the White House blocked users based on their viewpoints, it violated the First Amendment.

In an op-ed in today’s Daily News, Floyd Abrams wrote: “There are aspects [of the case] that are complex. But the core of the ruling is plain. A President who uses Twitter to pronounce many of his most critical decisions and defend them to the public cannot avoid his critics or deprive them of the chance to respond in the same place and at the same time as do his supporters. Judge Buchwald’s opinion is a powerful one that sends a powerful First Amendment message.”

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