A federal appeals court panel on Monday upheld a previous decision that President Trump is not allowed to block political foes on Twitter.
A majority of judges from the nine-person panel rejected Trump’s attempt to appeal the issue to the entire Second Circuit Court, upholding a ruling by the court in July 2019.
In the majority opinion, Judge Barrington Parker wrote that Trump’s tweets — even from his personal account — clearly constitute a “state action.”
“These tweets are published by a public official clothed with the authority of the state using social media as a tool of governance and as an official channel of communication on an interactive public platform,” Barrington wrote.
The two judges who sided with Trump — both appointees of the president — wrote in the minority opinion that the ruling raises questions about the scope of the First Amendment.
“This decision strays from our precedents, extends the scope of the First Amendment to encompass the personal social‐media activity of government officials, and therefore merits review by the whole court,” Judges Michael Park and Richard Sullivan wrote.
In May 2018, Judge Naomi Reice Buchwald ruled that the seven people who sued Trump for blocking them suffered “irreparable injury to their First Amendment rights.”
“The president’s practice of blocking critics on Twitter is pernicious and unconstitutional, and we hope this ruling will bring it to an end,” Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, which brought the lawsuit, said after the first ruling.
A lawyer for Trump did not respond to a request for comment, and it was not immediately clear if the president intends on appealing to the Supreme Court.


