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ARTICLE · 22 JULY 2019

Second Circuit: President Trump's "Blocking" Of Users On Twitter Violates The First Amendment

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In doing so, the court rejected each of President Trump's arguments.

United StatesIntellectual Property

BACKGROUND

On July 9, 2019, the United States Court of Appeals for the Second Circuit issued Knight First Amendment Institute at Columbia Univ., et al. v. Donald J. Trump, et al., No. 18-1691, 2019 WL 2932440 (2d Cir. July 9, 2019), and affirmed the district court's ruling that President Trump violated the First Amendment when he "blocked" users from his Twitter account. Specifically, the court held that President Trump engaged in unlawful viewpoint discrimination when he "blocked" users who criticized him or his policies on his @realDonaldTrump Twitter account from further viewing and interacting with the tweets on his page.

In 2009, before his presidency, Trump registered the @realDonaldTrump account as a personal account, and used it to comment on pop culture, politics and other topics. Since his inauguration in January 2017, President Trump has used the account almost exclusively to communicate and interact with the public on issues relating to his

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