The problem is that Trump also uses his Twitter account to conduct official public business. He has turned Twitter into an official propaganda arm of the U.S. government (why Twitter is okay with this is another question entirely). It therefore stands to reason that when the president blocks someone from his Twitter account, he’s taking state action that violates the First Amendment. That’s the way Judge Naomi Reice Buchwald of the Southern District of New York saw it. Buchwald ruled the Trump’s Twitter feed is a public forum, and that blocking people violates those citizen’s First Amendment rights. From Vox: “We hold that portions of the @realDonaldTrump account — the ‘interactive space’ where Twitter users may directly engage with the content of the President’s tweets — are properly analyzed under the ‘public forum’ doctrines set forth by the Supreme Court,” Buchwald wrote in her definitely not tweet-length opinion, “that such space is a designated public forum, and that the blocking of the plaintiffs based on their political speech constitutes viewpoint discrimination that violates the First Amendment.” Instead, Judge Buchwald said that there was no Constitutional problem with Trump muting users he doesn’t like. “Critically … the muted account may still reply directly to the muting account, even if that reply is ultimately ignored,” the judge said, adding a blocked user can’t reply, which makes all the difference.]]>

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