On Tuesday a federal appeals court in New York ruled that President Donald Trump, when using his infamous @realDonaldTrump Twitter account, cannot block his critics. That decision upholds an earlier district court ruling.
The court found that an account used by a public official to conduct "all manner of public purposes" cannot exclude those who disagree that official from participating in an open, online discussion.
The Justice Department defended the president in the case, which was first brought by the Knight First Amendment Institute in 2017. The Institute represented several critics of the president who have been "blocked" by the @realDonaldTrump account.
In an emailed statement, Justice Department spokesperson Kelly Laco said, "We are disappointed with the court's decision and are exploring possible next steps. As we argued, President Trump's decision to block users from his personal twitter account does not violate the First Amendment."
However, the court found that the account was not "private," meaning the government had engaged in "viewpoint discrimination," which violates the First Amendment.
When asked by Cheddar whether Twitter would stop the @realDonaldTrump account from blocking other users, the social media company declined to comment.
"Public officials' social media accounts are now among the most significant forums for discussion of government policy," said Jameel Jaffer, the executive director of the Knight Institute, in a press release Tuesday. "This decision will ensure that people aren't excluded from these forums simply because of their viewpoints, and that public officials aren't insulated from their constituents' criticism."
Trump has frequently announced his policy intentions ー and other ruminations on politics ー through that account, though he also has access to an official presidential Twitter account run by the White House.
Also unhelpful to the Justice Department's argument that the account is private is that multiple White House officials have referred to the @realDonaldTrump account as an official source of information. For instance, in 2017, then-White House Press Secretary Sean Spicer said that tweets from that account should be considered "official statements by the President," and the White House itself has included statements made from the account in collections of official White House records.
The White House Director of Social Media, and assistant to the president, Dan Scavino, helps Trump run that account.
Tatenda Musapatike, Founder of the Voter Formation Project and former Political Ad Specialist at Facebook, joined Cheddar to discuss the outsized role social media plays in politics.
Amazon founder Jeffrey Bezos took to the stage at the U.N.'s COP26 Climate Summit to unveil a new plan to combat climate change, but some say it might do more harm than good. Justine Calma, Science Reporter at The Verge, joined Cheddar to discuss.
Rep. Ritchie Torres of New York talks about the importance of the historical Build Back Better Act and how these bills could help millions of Americans across the country.
Pfizer has asked the FDA to expand authorization of COVID booster shots for all adults. The agency is expected to grant the request in the coming weeks, allowing vaccinated Americans as young as 18 to get boosted before the holidays. Dr. Bayo Curry-Winchell, Regional Clinical Director at Carbon Health, joined Cheddar to discuss.
The Justice Department has filed a lawsuit to block Penguin Random House from acquiring its rival Simon & Schuster. The DOJ hopes this will block the merger, which it says would ultimately hurt authors and consumers nationwide. Barry C. Lynn, executive director of the Open Markets Institute, joined Cheddar to explain what the lawsuit signals about the Biden administration's approach to cracking down on antitrust, and why Amazon might be next.
The major markets took a breather Tuesday, with the Dow, S&P, Nasdaq, and Russell 2000 all finishing lower after notching record closes on Monday. Rhys Williams, Chief Strategist at Spouting Rock Asset Management, joins Cheddar News' Closing Bell, where he provides his biggest takeaways from the day's activity.
The U.S. economy added 531,000 jobs in the month of October, painting a better picture of the economy that analysts had expected. Jared Bernstein, Council of Economic Advisers Member for President Biden joined Cheddar's Opening Bell to discuss.
Election Day 2021 is in the books, and it wasn't a pretty picture for Democrats. Governor Phil Murphy narrowly won re-election in New Jersey and Republican Glenn Youngkin upset Democrat Terry McAuliffe in Virginia, with many other disappointing losses for the left. Meridith McGraw, national correspondent for Politico, breaks down the key takeaways from this year as the nation looks ahead to the 2022 midterms.
