Posted on Mar 10, 2018
DOJ and Twitter users blocked by Donald Trump argue First Amendment case in federal court
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I think the blocking is Trump's exercise of HIS freedom of association rights. Your personal rights are not the responsibility of someone else. Case should never have gone to court. By the way, Trump and I block some of the same people. Brandon Neeley, former Military Police guard at Guantanamo Bay, Cuba, was never properly trained for his job, broke his oath of enlistment and fraternized with the enemy while at Gitmo. Good block.
DOJ and Twitter users blocked by Donald Trump argue First Amendment case in federal court
Posted from washingtontimes.com
Guantanamo Bay
Donald Trump
Law
1st Amendment
Posted >1 y ago
Responses: 3
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This gets complex because the DoJ has argued that the @realDonaldTrump account is an OFFICIAL Policy account.
http://www.abajournal.com/news/article/government_says_trumps_tweets_are_official_presidential_statements
I (Personally) have ALWAYS held that the President has been exercising his own 1a Rights when using his PERSONAL Twitter, but the DoJ has "blurred the lines" by arguing that it is also an official avenue even if it is "not necessarily" an exercise of Executive Power. This potentially changes whether or not he retained the Right to block People.
http://www.abajournal.com/news/article/government_says_trumps_tweets_are_official_presidential_statements
I (Personally) have ALWAYS held that the President has been exercising his own 1a Rights when using his PERSONAL Twitter, but the DoJ has "blurred the lines" by arguing that it is also an official avenue even if it is "not necessarily" an exercise of Executive Power. This potentially changes whether or not he retained the Right to block People.
DOJ says Trump's tweets are official presidential statements
The Department of Justice on Monday told a federal district court judge In Washington, D.C. that Donald Trump’s tweets are “official statements of the President of the United States.”
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Sgt Aaron Kennedy, MS
MAJ Montgomery Granger - I think this goes back to the Nixon Manson comments. When the President speaks, he speaks Publicly he speaks on behalf of of the American People whether he means to intentionally or not, hence the "officially" caveat. The DoJ was very careful to state that he does not necessarily exercise Power when he does so (going back to Nixon calling Manson guilty, which draws parallels to Trump and Bergdahl).
The President as an individual absolutely has his own Right to Free Speech, but he also controls the Art 2 Powers of the Executive and those can become intertwined very easily.
As an example, if you as an officer say something to a subordinate using your Free Speech, can it be misconstrued as a directive, by a different subordinate, resulting in negative actions or repercussions? (Inadvertent or Unintentional Negative Command Influence)
The President as an individual absolutely has his own Right to Free Speech, but he also controls the Art 2 Powers of the Executive and those can become intertwined very easily.
As an example, if you as an officer say something to a subordinate using your Free Speech, can it be misconstrued as a directive, by a different subordinate, resulting in negative actions or repercussions? (Inadvertent or Unintentional Negative Command Influence)
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MAJ Montgomery Granger
Sgt Aaron Kennedy, MS - OK, but it's Twitter, not a press release or official document. It's speech. I realize the President's word is not law, nor should it be privileged by those who offend him. They can wait for the RT.
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SPC Stiv ChenRobbins
MAJ Montgomery Granger - Yep. In addition, even if this were him giving an official speech as in a press conference or whatever, not everyone gets to speak out at that time, as part of that event, whenever an however they want to. The President or whoever is speaking gets to control that, as long as they don't try to suppress comments or speech in other places or modes of communication.
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The freedom of speech doesn't necessarily mean that you have the right to be listened to (ie ignoring people).
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MAJ Montgomery Granger
If you try to access the account or view Tweets it tells you you are blocked.
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