TRUMP'S TWITTER TENSION: IS SOCIAL MEDIA A MODERN RESTRICTION ON GOVERNMENT EMPLOYEES?

摘要

The Second Circuit Court of Appeals in Knight First Amendment Institute at Columbia University, Inc. v. Trump answered the question of whether now former President Donald Trump's blocking of Twitter users from his profile was a violation of the public's First Amendment rights. The court upheld the Southern District of New York's conclusion that President Trump engaged in unconstitutional viewpoint discrimination by "blocking" them from his social media account because he disagreed with their speech. The courts both agreed that President Trump was using his account to "conduct official business" and, therefore, blocking individuals amounted to viewpoint discrimination. The Second Circuit's decision was petitioned for a rehearing en banc that was denied, but the decision was not unanimous and included a dissent. The rise of social media has created a highly interactive space for people across the world to access and interact with news contemporarily. It has also forged a space for politicians on both sides of the aisle to update the public on their stances and express their views. While this advancement has allowed the public to participate more directly with their elected officials, it is creating questions regarding the scope of the public's First Amendment rights to interact in this forum.