Viewpoint Discrimination
"The essence of this ruling is that viewpoint discrimination is prohibited," Calvert said. "Trump’s personal Twitter account has become a public forum and this court concluded that he cannot block those who disagree with him and only allow those who agree with him."
Genevieve Lakier, a professor at the University of Chicago Law School who helped write a friend-of-the-court brief filed by First Amendment scholars, welcomed Wednesday’s decision. The group argued that failing to recognize Trump’s Twitter feed as a public forum would "threaten critical First Amendment values."
"I think it’s a wonderful decision but I’m sure it’s going to be appealed," said Lakier, who noted that courts are beginning to recognize the significance of social media she compared it to the right of access to a public park. "The court says this is a designated public forum and the general presumption is everyone can enter. If that’s the case, the government doesn’t get to pick and choose who is allowed in."
Trump isn’t the first politician to face resistance for blocking critics from social media. In July, a federal court in Virginia said the chair of a county board of supervisors had violated the First Amendment rights of a constituent by blocking him from the county’s Facebook page.
In another case, four Maryland residents sued Governor Larry Hogan, claiming he censored them by deleting their comments and blocking them from his Facebook page because they didn’t agree with his views. The case settled after Hogan adopted a new social media policy.