The June 14, 2018 post “The President May Not Block Twitter Followers Because They Disagree With Him Politically” reported how the District Court in Knight First Amendment Inst. at Columbia University v. Trump, 302 F.Supp.3d 541 (S.D.N.Y. 2018) found that then-President Donald Trump’s decision to block certain social media users from accessing his Twitter account was unconstitutional viewpoint discrimination. Then, the July 11, 2019 post, “Affirmed: President Trump Cannot Block Critics on Twitter”, reported that a unanimous three-judge panel of the United States Court of Appeals for the Second Circuit affirmed the district court’s decision.
The case was thereafter appealed to the Supreme Court of the United States, which failed to address the appeal on its merits. Instead, on April 5, 2021, the Supreme Court, which retitled the case Biden v. Knight First Amendment Inst. at Columbia University (because Donald Trump was no longer President), issued a one paragraph decision (with a concurrence written by Justice Thomas), that simply vacated the lower court judgment and ordered the Second Circuit “to dismiss the case as moot.”
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For any questions relating to this article, please contact Robert B. Nussbaum, Esq. at Saiber LLC.
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.