OPINION:
President Donald Trump’s private and personal Twitter account was just the topic of hot discussion in federal court because lawyers for plaintiffs who were blocked from his account say he doesn’t have the right to do that.
Umm — no duh, but yes? Twitter’s a private company; users can be private citizens, even Trump. The private company offers users a means of booting obnoxious posters, and the government, constrained by First Amendment issues, just doesn’t have the right to interfere.
If we were talking about Trump’s official account, @POTUS, plaintiffs would have a case. But we’re not. We’re talking about Trump’s personal Twitter account, @realDonaldTrump. Moreover, we’re talking about Twitter accounts where Trump’s messages simultaneously appear. His tweets are posted on both accounts, in other words.
And in that case — what’s the violation here, except that angry trolls got their feelings hurt?
The case, heard by Judge Naomi Reice Buchwald of the U.S. District Court, was brought by seven — Seven! — users who’d been blocked by Trump. These seven were joined by Knight First Amendment Institute attorneys from Columbia University, who argued that both of Trump’s Twitter feeds are official government entities and therefore, subject to public scrutiny and participation.
Department of Justice lawyers, meanwhile, argued otherwise — that Trump’s personal Twitter feed was hardly the same public forum as his @POTUS account, and that besides, nobody was excluded from reading either, anyway.
Buchwald suggested the muting facet of Twitter could solve the whole problem because it would allow the seven to still follow and reply to Trump, while giving Trump a bit of control over who sees their posts. But as one Justice attorney responded: Why does Trump have to consider any compromise in this case?
And that’s the gist of the case right there — why, indeed.
If Twitter’s a public forum, then somebody tell Twitter, because Twitter’s been kicking up a firestorm with all its censorship of conservatives.
If Twitter’s not a public forum, then Trump has the right to post from a personal and private account, same as any other private citizen — particularly when his posts are also simultaneously published to his presidential feed.
And if Twitter’s not a public forum, except in some cases, when it is a public forum — well then, that’s just nonsensical. The case, then, is clearly in Trump’s favor.
• Cheryl Chumley can be reached at cchumley@washingtontimes.com or on Twitter, @ckchumley.
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