The 'Commander-In-Tweet' And The First Amendment

Can you violate the First Amendment by blocking people from your Twitter account? According to the Knight First Amendment Institute, it's possible if that account is @realDonaldTrump.

As we have mentioned before, Donald Trump's Twitter habit has been a large part of his public persona in recent years. Unsurprisingly, his Twitter usage has continued to play a role in his presidency, at times even shaping the news cycle. In fact, the President's tweets have garnered the attention of everyone from the writers at SNL to world leaders. The tweets even received a satirical "popup" library to commemorate Trump's 140-character musings.

Recently, however, the President has been under fire for what he chooses not to share with the masses—specifically, who he chooses to block from his account. Author Stephen King was the latest addition to a group of Twitter users who have been blocked from the President's @realDonaldTrump account, allegedly for criticizing, mocking or disagreeing with his actions.

The Knight First Amendment Institute is representing two blocked users who are asking that President Trump or his aides unblock them from @realDonaldTrump. In a letter sent to the President, the Knight Institute argues that Trump's Twitter accounts—both @POTUS and @realDonaldTrump—are "designated public forums" under the First Amendment, meaning that Trump uses these accounts in his capacity as President to convey official statements and engage with his constituents. In this way, the Twitter accounts function like a town hall meeting where attendees cannot be excluded based on their views under the First Amendment. Therefore, according to the Knight Institute, President Trump is violating the First Amendment by blocking users based on the content of their tweets.

Not everyone agrees with this interpretation of the President's Twitter accounts. The Knight Institute recently addressed a number of objections to their letter, including the fact that blocked users can still view the President's tweets simply by logging out of their account or creating a new account entirely. But are these constitutionally adequate alternatives? While many argue that these are easy solutions, the Knight Institute notes that these substitutions could deprive both the blocked user as well as the other constituents from engaging in a full debate. For instance, if a user creates a new account to engage in conversation, she would be communicating with the President and his followers...