The Epoch Times is reporting that Biden’s Department of Justice is asking the Supreme Court to overturn an appeals court ruling that found Donald Trump blocking comments of critics on his Twitter account to be a violation of their first amendment rights, saying the ruling was “deeply problematic.”
Acting Solicitor General Jeffrey Wall argued in a supplemental brief filed on January 19 that President Biden, as well as future presidents and government officials, should not be bound by the court’s decision for Trump.
In 2019, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit ruled unanimously that Trump’s use of his personal Twitter account, created “an official channel of communication,” therefore he should not be allowed to block critics. When doing so they were upholding a 2018 decision by U.S. District Judge Naomi Buchwald, a Clinton appointee. She ruled that Trump being President makes his account a “designated public forum” and thus political speech on it must not be discriminated against. Her decision extended to all public officials.
The feed for Trump’s account had been constantly filled with replies from users who taunted and insulted him, often using expletives, and Trump had complained to the Twitter management on many occasions.
In his brief, Wall stated “Twitter’s power to unilaterally shut down the @realDonaldTrump account [underscores] the Second Circuit’s error in holding that the account is a ‘public forum.’”
[Note: I think it is ridiculous that Trump was disallowed by law to block critics on his Twitter account, which is yet another reason that he never should have used such services. I was never aware of that ruling. It will be interesting to see if they change that ruling for Biden, I presume that they will.]