President Donald Trump speaks as he meets with Iraqi Prime Minister Mustafa al-Kadhimi in the Oval Office of the White House, Thursday, Aug. 20, 2020, in Washington. (AP Photo/Patrick Semansky)
By Mark Sherman
President Donald Trump is asking the Supreme Court to allow him to block critics from his personal Twitter account.
The administration said in a high-court filing Thursday that Trump's @realdonaldtrump account with more than 85 million followers is his personal property and blocking people from it is akin to elected officials who refuse to allow their opponents' yard signs on their front lawns.
"President Trump's ability to use the features of his personal Twitter account, including the blocking function, are independent of his presidential office," acting Solicitor General Jeffrey Wall wrote in urging the justices to review the case.
The federal appeals court in New York ruled last year that Trump uses the account to make daily pronouncements and observations that are overwhelmingly official in nature. It held that Trump violated the First Amendment whenever he blocked a critic to silence a viewpoint.
A decision about whether even to hear the case is not likely before the November election.
The case grew out of a challenge brought by the Knight First Amendment Institute at Columbia University, which sued on behalf of seven individuals blocked by Trump after criticizing his policies.
Jameel Jaffer, the Knight Institute's executive director, said the justices should decline to take up Trump's appeal.
"This case stands for a principle that is fundamental to our democracy and basically synonymous with the First Amendment: government officials can't exclude people from public forums simply because they disagree with their political views," Jaffer said in a statement.
The administration argued in its appeal that the Supreme Court, not lower courts, "should decide where to draw the line between the President's personal decisions and official conduct."
The pace of the case was slowed by the coronavirus pandemic as well as Trump's decision to ask the full 2nd U.S. Circuit Court of Appeals to review the ruling by a three-judge panel. The court refused to do so by a 7-2 vote in March. Two Trump appointees, Judges Michael H. Park and Richard J. Sullivan, were the only members of the court to side with the president.
The Supreme Court extended its deadline to file an appeal from 90 days to 150 days when it shut the building to the public and abandoned in-person meetings in favor of telephone conferences because of the virus outbreak.
Even as tech giant Google implements a vaccination mandate, charging its employees to declare their vaccine status within a time frame or risk dismissal, the federal government is tangled up in the court system trying to impose one of its own. Cindy Cohn, the executive director of the Electronic Frontier Foundation, and Harry Nelson, founder and managing partner of Nelson Hardiman LLP, joined Cheddar to debate the ethics, efficacy, and legality surrounding the issue. While Cohn noted that she thinks the federal mandate might be legally sound, her organization is also concerned with a separate question of privacy. "At EFF what we're most interested in is the digital surveillance that's going along with some of these attempts to try to track and confirm whether people are vaccinated or not," she said.
A new report from CNBC says Instagram recently reached a new milestone -- 2 billion monthly active users. It comes amid a year of controversy for the photo-sharing app and its parent company, Meta. SocialFlow CEO Jim Anderson joins Cheddar News' Closing Bell to discuss.
There is a new way for investors to bet on cannabis - the AdvisorShares Poseidon Dynamic Cannabis ETF targets about 20 of the biggest names in U.S. cannabis. It comes at a time when it's still difficult for investors to access the space. Cheddar News cannabis reporter Chloe Aiello spoke with co-founder and managing director for Poseidon Investment Management, Emily Paxhia.
Victor Li, an economics professor at the Villanova School of Business, joins Cheddar News' Closing Bell, where he discusses the latest Fed decision and the implications it has on the stock market.
After nearly two years of the pandemic, U.S. consumers are ready to spend big this holiday season. However, shoppers may be faced with limited inventory as the U.S. continues to face shortages of key products and extended order backlogs. Per Hong, partner at consulting firm Kearney, joined Cheddar's Opening Bell to discuss the country's path forward.
The U.S. Government is making its first major move toward encouraging nuclear energy in the U.S., as it pushes toward a sustainable future. Scott Waldman, White House reporter for Politico's E&E News joined Cheddar News to break down the developments. "There's definitely an audience for this now since we're looking at the value of nuclear in terms of climate policy," he said, regarding the prospects for bipartisan support.
CEOs of the top U.S. airlines are set to testify in front of a Senate committee Wednesday. Lawmakers will ask airline executives about how they used pandemic-related federal aid, specifically in light of staffing issues and widespread cancellations. Among those expected to participate are the CEOs of American, United, and Southwest Airlines. David Slotnick, Senior Aviation Business Reporter at The Points Guy, joined Cheddar News to discuss.
Carlo and Baker cover the latest data showing the Omicron wave has likely started, Pfizer's Covid pill, Jan. 6 and a box office rescue attempt courtesy of Spider-Man.
