President Donald Trump’s decision to block his Twitter followers for their political views is a violation of the First Amendment, a federal judge ruled Wednesday, saying that Trump’s effort to silence his critics is not permissible under the U.S. Constitution because the digital space in which he engages with constituents is a public forum.
The ruling rejects administration arguments that the First Amendment does not apply to Trump in this case because he was acting as a private individual. In a 75-page decision, Judge Naomi Buchwald said Trump, as a federal official, is not exempt from constitutional obligations to guard against “viewpoint discrimination.”
“No government official — including the President — is above the law,” wrote Buchwald for the U.S. District Court for the Southern District of New York.
The decision marks a victory for free-speech activists representing seven Twitter users who alleged that their rights had been infringed after they tweeted at Trump critiquing his policies. Trump blocked them on Twitter, preventing them from seeing his tweets or interacting with them.
The government does not dispute that Trump blocked the Twitter users after they criticized him. But the Justice Department had argued Trump was largely acting in a personal capacity, much like “giving a toast at a wedding or giving a speech at a fundraiser.”
But through his Twitter bio and the way in which he frequently uses the medium to comment on public policy, Trump portrays his account as presidential “and, more importantly, uses the account to take actions that can be taken only by the President as President,” Buchwald wrote.
The White House did not immediately respond to a request for comment.