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Richard Epstein analyzes a recent Second Circuit decision that President Trump violated the First Amendment by blocking Twitter followers.
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More Blase’ than I am about the Tech Companies.
It seems clear to me that if Twitter is a Common Carrier, then it does not get to ban people for bad think
This seems bonkers to me. For starters, Trump can’t actually prevent anyone from commenting on anything they’d like to comment on on Twitter. The only thing he can prevent is people replying directly to his tweets (but not to replies to him, or quote-tweets of his tweets, etc.), so it’s just a matter of sharing his own audience (people who want to read comments by blocked people can do it, just not by going to Trump’s account & viewing replies), and not of preventing anyone from saying anything on the same platform, so assuming this is somehow a violation of their rights seems absurd to me.
Now, if one still insists that being allowed to comment directly on Trump’s tweets is in fact a constitutional right because Twitter is a public forum, it also means that no one to whom the 1st amendment applies can be banned from Twitter for any constitutionally protected speech. It can’t be that only those that Twitter deems worthy have the right to participate in the supposed public forum created magically by the POTUS’s presence, and I find it odd that anyone who supports property rights would believe that Twitter forfeits their right to decide who may or may not use their platform simply by allowing public officials to use it.
Twitter’s either private or public, but it seems that some want to have it both ways, which is what I personally find unacceptably inconsistent.
I think this is spot on.
Twitter wants to eat its cake and have it too!