The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the Southern District and Second Circuit found that then-President Donald Trump’s decision to block certain social media users from accessing his Twitter account was unconstitutional viewpoint discrimination. In its one paragraph decision, the Supreme Court failed to address the appeal on its merits, instead dismissing the case as moot because Donald Trump was no longer President. The Supreme Court now has another opportunity to consider whether public officials violate the First Amendment by blocking certain members of the public from commenting on the officials’ publicly accessible social media pages thanks to the Ninth Circuit case of Garnier v. O’Connor-Ratcliff.
Rob Nussbaum has lectured numerous times on legal issues and social media and how social media and other electronic evidence may be admitted into evidence at trial. He concentrates his practice in general commercial litigation and appears regularly in New Jersey federal and state courts.
For any questions relating to whether your website or social media presence can be used against you as a basis for personal jurisdiction, please contact Robert B. Nussbaum, Esq. at Saiber LLC.
Section 230 of the Communications Decency Act, 47 U.S.C. §230(c)(1) (hereafter “§230”), protects internet services, like Facebook, Twitter, and the like, from liability based on words used by third parties who use their platforms. The