https://freshsportsupdates.blogspot.comFirst amendment calls for more speech, rather than less, on matters of public concern, federal appeals court says
President Donald Trump
can’t ban critics from his Twitter account, a federal appeals court
ruled on Tuesday, saying the first amendment calls for more speech,
rather than less, on matters of public concern.
The second US circuit court of appeals in Manhattan upheld a lower
court judge who said Trump violates the constitution when he blocks
critics.
“The irony in all of this is that we write at a time in the history
of this nation when the conduct of our government and its officials is
subject to wide-open, robust debate,” circuit judge Barrington D Parker
wrote on behalf of a three-judge panel.
The debate generates a “level of passion and intensity the likes of which have rarely been seen”, the court’s decision read.
“This debate, as uncomfortable and as unpleasant as it
frequently may be, is nonetheless a good thing,” the second circuit
added. “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.”
The justice department did not immediately comment.
The ruling came in a case brought by the Knight First Amendment
Institute at Columbia University. It had sued on behalf of seven
individuals blocked by Trump after criticizing his policies.
Jameel Jaffer, the institute’s director, said in an email that public
officials’ social media accounts are now among the most significant
forums for discussion of government policy.
The ruling “will ensure that people aren’t excluded from these forums simply because of their viewpoints”, he said.
Trump has more than 60 million followers of his @realDonaldTrump Twitter account.
During oral arguments earlier this year, attorney Jennifer Utrecht
argued for the president, saying that the account was created long
before Trump became president and that he was acting in a private
capacity when he blocks individuals.
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