Supreme Court Says Officials Who Block Critics On Social Media Might Be Violating the First Amendment

The justices established guidelines for determining whether that is true in any particular case.

by Jacob Sullum
Reason.com

When Donald Trump was president, he provoked a First Amendment lawsuit by banning critics from his Twitter account. “Once the President has chosen a platform and opened up its interactive space to millions of users and participants,” the U.S. Court of Appeals for the 2nd Circuit ruled in 2019, “he may not selectively exclude those whose views he disagrees with.” Although that case became moot after Trump left office, the issues it raised have come up repeatedly across the country because public officials, regardless of their political party, are united in resenting criticism and often prefer to silence irksome constituents rather than simply ignoring them.

In two unanimous decisions published on Friday, the U.S. Supreme Court held that such blocking can violate the First Amendment and clarified the standard for determining when it does. The justices did not actually resolve either case, instead sending them back to the lower courts for reconsideration in light of its newly announced guidelines.

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