Can Donald Trump block you? A First Amendment group is suing to find out. – Columbia Journalism Review
Official DHS photo by Jetta Disco.
It is where he inveighs against FAKE NEWS, promotes his television appearances, and trumpets his administrations accomplishments. Its also where he reports on meetings with world leaders, discusses policy positions, and announced his choice for FBI Director. President Donald Trumps Twitter feed is the epicenter of a new-age White House communications strategy that has earned the oft-repeated label unprecedented.
Whether Trumps demeanor in the messages he posts is presidential is debatable, but his own spokespeople have made clear that his tweets constitute official statements. Not everyone, however, can see those statements or participate in the discussion that occurs in the replies.
On Tuesday, the Knight First Amendment Institute at Columbia University filed a lawsuit against Trump and two of his top advisors on behalf of seven people who have been blocked from viewing tweets by the presidents @realDonaldTrump account. Attorneys at the Knight Institute argue that Trumps blocking of users who have criticized him amounts to viewpoint-based exclusion, which is not allowed under the First Amendment.
President Trumps Twitter account, @realDonaldTrump, has become an important source of news and information about the government, and an important public forum for speech by, to, and about the President. In an effort to suppress dissent in this forum, Defendants have excludedblockedTwitter users who have criticized the President or his policies. This practice is unconstitutional, the federal suit alleges.
The case raises complicated questions about how to apply constitutional principles written in a time of pamphlets and town square debates to the realities of the Facebook and Twitter era. Skeptics might say that blocking someone on Twitter doesnt make it impossible for that person to see tweets. He or she can simply sign out of that account or create a different one. Blocking adds a barrier to entry, to be sure, but its not an insurmountable obstacle. Additionally, as anyone who spends time on Twitter knows, comments on the platform can be crude, distasteful, and even scary, and blocking trolls allows for some measure of control over the people with whom you interact.
But attorneys at the Knight Institute have put forward a series of arguments that make a compelling case for thinking differently. They are not arguing that we redefine Twittera privately owned social media platformwrit large as a virtual town square where all voices are welcome. Rather, they claim that because of the way the President and his aides use the @realDonaldTrump Twitter account, the account is a public forum under the First Amendment.
If the presidents feed is defined as a public forum, citizens cannot be excluded from viewing his statements and engaging in discussions simply because they disagree. The lawsuit alleges that Trump, along with Press Secretary Sean Spicer and Social Media Director Dan Scavino, have violated the First Amendment rights of seven Americans who were blocked soon after criticizing or mocking the president, and that the block infringes on the plaintiffs First Amendment right to petition their government for redress of grievances.
When [government officials] open up a space and allow the general public to come in and comment in that space, whether a city council meeting or a Facebook page, that is a designated public forum, Katie Fallow, a senior attorney at the Knight Institute, tells CJR. The courts have held that when you do that, you cant then exclude people based on viewpoint. The Knight Institute, which has not been blocked by Trumps account, is also a plaintiff in the suit. It argues that users who arent blocked are being deprived of their right to read the speech of the dissenters.
The reaction from legal experts last month to the Knight Institutes letter declaring its intent to sue was mixed, with some supporting the effort and others arguing the plaintiffs had a tough legal hill to climb. But in the weeks since, the Supreme Court issued a decision in which Justice Anthony Kennedy described social media as the modern public square.
Trump recently referred to his use of social media as modern day presidential. It will now be left to the courts to decide whether that requires a modern day update to First Amendment protections.
Continued here:
Can Donald Trump block you? A First Amendment group is suing to find out. - Columbia Journalism Review
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]
- The GUARD Act Undermines the First Amendment and Parental Choice - R Street Institute - May 3rd, 2026 [May 3rd, 2026]
- Art by Telephone, Art by Algorithm: Expression, AI, and the First Amendment - - Center for Democracy and Technology - May 3rd, 2026 [May 3rd, 2026]
- The first amendment shall prevail: Plaintiff in 2023 discrimination case speaks after judge orders St. George to pay $350K - ABC4 Utah - May 3rd, 2026 [May 3rd, 2026]
- RANDY EVANS: Reflecting on mentors, opportunity and the First Amendment - Indianola Independent Advocate - May 3rd, 2026 [May 3rd, 2026]
- Utah City Ordered to Pay $350k to Drag Performers After Losing First Amendment Fight - EDGE Media Network - May 3rd, 2026 [May 3rd, 2026]
- The Mouse vs. The White House: Disney Lawyers Up for First Amendment War Over ABCs License - Inside the Magic - May 3rd, 2026 [May 3rd, 2026]
- Analysis: What Disney is thinking as it faces a First Amendment fight with Trump - CNN - April 29th, 2026 [April 29th, 2026]
- First Amendment advocates blast the FCC's early review of ABC broadcast licenses - NBC News - April 29th, 2026 [April 29th, 2026]
- Kimmel, the First Amendment and a brewing battle with the FCC - USA Today - April 29th, 2026 [April 29th, 2026]
- Former Spokane mayor Woodward wants $10 million from the city, alleges First Amendment violations - KXLY.com - April 29th, 2026 [April 29th, 2026]
- The Taricani Visiting Journalist Series on First Amendment Rights Harrington School of Communication and Media - The University of Rhode Island - April 29th, 2026 [April 29th, 2026]
- In rare interviews, Bush hails the First Amendment and Obama says America doesn't have 'kings' - NBC News - April 23rd, 2026 [April 23rd, 2026]
- CBS Hosting Dinner Praising Trump And His Love Of The First Amendment - Techdirt. - April 23rd, 2026 [April 23rd, 2026]
- BREAKING: Street preacher threatens to sue SIUE on grounds of First Amendment rights violation - alestlelive.com - April 23rd, 2026 [April 23rd, 2026]
- First Amendment to Arkansas: You Cannot Sentence Speech on the Internet to Death by a Thousand Cuts in NetChoice Court Victory - NetChoice - April 23rd, 2026 [April 23rd, 2026]
- The GUARD Act dis-GUARDs the First Amendment and competition - Competitive Enterprise Institute - April 23rd, 2026 [April 23rd, 2026]
- Supreme Court Denies Hearing in First Amendment Cases Related to Occupational Speech - The Institute for Justice - April 23rd, 2026 [April 23rd, 2026]
- Code is functional free speech under the First Amendment: Coin Center - TradingView - April 23rd, 2026 [April 23rd, 2026]
- Texas public schools can now have Ten Commandments displays, Appeals Court ruled, but Supreme Court can still save this First Amendment disaster -... - April 23rd, 2026 [April 23rd, 2026]
- Trump admin violated First Amendment by forcing Facebook and Apple to remove ICE-trackers - Law and Crime News - April 19th, 2026 [April 19th, 2026]
- Judge sides with creators of banned ICE trackers who allege DHS and DOJ violated their First Amendment rights - Engadget - April 19th, 2026 [April 19th, 2026]
- How Originalism Broke the First Amendment - Balls and Strikes - April 19th, 2026 [April 19th, 2026]
- Trump says CNN may have committed a crime. The First Amendment says otherwise - Poynter - April 19th, 2026 [April 19th, 2026]
- Jon Prosser's last-ditch effort against Apple's lawsuit is the First Amendment - AppleInsider - April 19th, 2026 [April 19th, 2026]
- California Attorney Who Tried To Help Overturn 2020 Election Loses Law License - First Amendment Watch - April 19th, 2026 [April 19th, 2026]
- ANOTHER VIEWPOINT: First amendment lynchpin of American experiment - The Facts - April 19th, 2026 [April 19th, 2026]
- White House Correspondents Dilemma: Toasting the First Amendment as Trump Tramples Over It | Analysis - TheWrap - April 19th, 2026 [April 19th, 2026]
- Mitali Bags speech on The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 and The Delimitation Bill, 2026 - All India Trinamool... - April 19th, 2026 [April 19th, 2026]
- Occupational licensing has a First Amendment problem - The Hill - April 10th, 2026 [April 10th, 2026]
- Paterno: Dangerous Times for the First Right of the First Amendment - StateCollege.com - April 10th, 2026 [April 10th, 2026]
- When ICE enforcement and the First Amendment collide - News From The States - April 10th, 2026 [April 10th, 2026]
- Briefing Room: Advice on dealing with First Amendment auditors - Seal Beach News - April 10th, 2026 [April 10th, 2026]
- On Books, Book Reviews, and Bezos - First Amendment Watch - April 10th, 2026 [April 10th, 2026]
- Escambia County sheriff responds after heated argument between First Amendment auditor and deputy: did not reflect our core values - Yahoo - April 10th, 2026 [April 10th, 2026]
- Diddy Appeal: Lawyers Seek Release, Argue Freak-Offs Are Protected By First Amendment - HOT 97 - April 10th, 2026 [April 10th, 2026]
- Future of First Amendment: FIU to host 'Free Speech: A Florida Dialogue' with Georgetown University - WLRN - April 5th, 2026 [April 5th, 2026]
- Hollywood Stars Join Together to Defend the First Amendment - The Progressive - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump violated First Amendment by ordering defunding of NPR and PBS - KUOW - April 5th, 2026 [April 5th, 2026]
- Lemon Pound Cake and the First Amendment - jdsupra.com - April 5th, 2026 [April 5th, 2026]
- Citing First Amendment, federal judge blocks Trump order to end funding for NPR and PBS - nbcmiami.com - April 5th, 2026 [April 5th, 2026]
- Getting to Know You: Imprisoned for Exercising her First Amendment Rights She Now Speaks Truth to Power - morningsentinel.com - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump's public media order violated First Amendment. Here's what that means for KOSU - KOSU - April 5th, 2026 [April 5th, 2026]
- Aspen Public Radio and co-plaintiffs win federal case against Trump Administration, proclaiming a win for the First Amendment - KHOL 89.1 FM - April 5th, 2026 [April 5th, 2026]
- Federal judge cites First Amendment in blocking Trump order to end funding to NPR and PBS - Colorado Public Radio - April 5th, 2026 [April 5th, 2026]
- Opinion | The Supreme Court repels an egregious assault on the First Amendment - washingtonpost.com - April 5th, 2026 [April 5th, 2026]
- In Counseling Case, the Supreme Court Sides with the First Amendment - nationalreview.com - April 5th, 2026 [April 5th, 2026]
- REACTION: Supreme Court Affirms Therapy as SpeechA Major First Amendment Victory - Minding The Campus - April 5th, 2026 [April 5th, 2026]
- BIZARRE: The First Amendment should be banned - northernstar.info - April 5th, 2026 [April 5th, 2026]
- EDITORIAL: A victory for the First Amendment at the high court - Las Vegas Review-Journal - April 5th, 2026 [April 5th, 2026]
- TV station megamerger is a threat to First Amendment freedoms (Editorial) - Daily Camera - April 5th, 2026 [April 5th, 2026]
- Monroe County woman sues sheriff, claiming arrest over Facebook post violated First Amendment rights - WBIR - April 5th, 2026 [April 5th, 2026]
- Supreme Court overturns ban on so-called 'conversion therapy' on First Amendment grounds - Fox News - April 5th, 2026 [April 5th, 2026]
- Donald Trump Violated First Amendment With This Action, Says US Judge - Yahoo - April 5th, 2026 [April 5th, 2026]
- No First Amendment for some immigrant journalists or sources, govt says - Freedom of the Press Foundation - March 26th, 2026 [March 26th, 2026]
- Protesting in Tennessee, what are your First Amendment rights? - The Tennessean - March 26th, 2026 [March 26th, 2026]
- First Amendment lawsuit seeks to end Nashuas policy of requiring name and address during public comment - New Hampshire Public Radio - March 26th, 2026 [March 26th, 2026]
- First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian - | Knight First Amendment Institute - March 26th, 2026 [March 26th, 2026]
- Does a Public Actor Have the Right to Anonymity? Animal Research and Wider First Amendment Implications - Harvard Law School - March 26th, 2026 [March 26th, 2026]
- Halo zone around police, ICE nears final passage as Dems voice First Amendment concerns - News From The States - March 26th, 2026 [March 26th, 2026]
- Bravo to students who use the First Amendment - The Campanile - March 26th, 2026 [March 26th, 2026]
- Supreme Court revives First Amendment lawsuit from street preacher who called concertgoers whores, Jezebels and sissies - CNN - March 26th, 2026 [March 26th, 2026]
- The next AI fight: Do the chatbots have First Amendment rights? - qz.com - March 26th, 2026 [March 26th, 2026]
- Judge strikes down restrictive Pentagon press policy, finding it violates First Amendment - CBS News - March 26th, 2026 [March 26th, 2026]
- Gianforte Administration Reverses Permit Guidelines, Allows Weekend Events at the State Capitol - First Amendment Watch - March 26th, 2026 [March 26th, 2026]
- A call for US companies to follow the First Amendment: Ross Kerber - TradingView - March 26th, 2026 [March 26th, 2026]
- Students sue University of Alabama over suspension of campus magazines, claim First Amendment breach - rocketcitynow.com - March 26th, 2026 [March 26th, 2026]
- Students raise concerns over Kansas Senate bill that limits First Amendment right to protest - Kansas Reflector - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee For The First Amendment On Brendan Carr Threats - Deadline - March 17th, 2026 [March 17th, 2026]
- This is the issue with doing counterterrorism in a 'First Amendment society': Paul Mauro - Fox News - March 17th, 2026 [March 17th, 2026]
- A Media-Rating Company Says a Trump Agency Is Threatening Its Livelihood - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Feds Move To Dismiss Charges Against Army Veteran Who Burned American Flag Near White House - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee for the First Amendment issued a response to FCC Chair Brendan Carr's threats against broadcasters' coverage of Iran. Read more... - March 17th, 2026 [March 17th, 2026]
- On MSNOW, Angelo Carusone discusses grave First Amendment consequences of the Trump administration trying to control major media organizations - Media... - March 17th, 2026 [March 17th, 2026]
- Diddy Appeals Conviction Claiming Freak-Offs Protected by First Amendment - That Grape Juice.net - March 17th, 2026 [March 17th, 2026]
- Raja Ramaswamy Column: We should protect the First Amendment like we do the Second - reporter.net - March 17th, 2026 [March 17th, 2026]
- The Recap: Trump squashes First Amendment, and another state could flip blue - Daily Kos - March 15th, 2026 [March 15th, 2026]
- In Fox News Op-Ed, Mahmoud Khalil Urges Americans To Defend The First Amendment - Yahoo - March 15th, 2026 [March 15th, 2026]
- Sheriff Grady Judd says troll crossed lines of First Amendment in threats made to Kaitlin Bennett - Yahoo - March 15th, 2026 [March 15th, 2026]
- The Fate of the First Amendment - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]