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What America Do We Want to Be?

Join Living Room Conversations, our civil dialogue partner, and America Indivisible for a nationwide conversation on April 13, Thomas Jefferson’s 276th birthday. "Reckoning with Jefferson: A Nationwide Conversation on Race, Religion, and the America We Want to Be" will be held via in-person and online video discussions. Sign up today!

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Join Living Room Conversations, our civil dialogue partner, and America Indivisible for a nationwide conversation on April 13, Thomas Jefferson’s 276th birthday. "Reckoning with Jefferson: A Nationwide Conversation on Race, Religion, and the America We Want to Be" will be held via in-person and online video discussions. Sign up today!

What America Do We Want to Be?

Join Living Room Conversations, our civil dialogue partner, and America Indivisible for a nationwide conversation on April 13, Thomas Jefferson’s 276th birthday. "Reckoning with Jefferson: A Nationwide Conversation on Race, Religion, and the America We Want to Be" will be held via in-person and online video discussions. Sign up today!

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The Second Circuit Court of Appeals has ruled that President Donald Trump cannot "block" other users on Twitter.

The ideologically diverse court decided that Twitter is a public platform where voters communicate with their elected officials. The court went on to say that any blocking of users can be deemed silencing dissent, thus infringing on the First Amendment.

Left-leaning media has focused on Trump's use of Twitter to degrade opponents and foes, while also fighting in court to block users who oppose him. However, some on the left deemed the court ruling to be "unpersuasive." The right seems to hold both disappointment and enthusiasm, speculating that Trump may take this case to the Supreme Court.

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A federal appeals court ruled on Tuesday that President Trump violated the 1st Amendment by blocking some critics from access to his Twitter feed. The decision by the U.S. 2nd Circuit Court of Appeals might seem like poetic justice visited on a president who can dish it out but can’t take it. But as a matter of constitutional law, the ruling isn’t persuasive.

Earlier today the Second Circuit Court of Appeals ruled unanimously that Donald Trump cannot block Twitter users from following his @realDonaldTrump account. It’s an interesting decision from an ideologically diverse judicial panel that at first glance appears to be a straightforward application of conventional First Amendment law. It’s also wrong. It makes a crucial error that reflects a fundamental misunderstanding of speech on private social-media platforms.