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We the People

Trump, Twitter and the First Amendment

We the People

National Constitution Center

News Commentary, News, History

4.61.1K Ratings

🗓️ 17 August 2017

⏱️ 53 minutes

🧾️ Download transcript

Summary

Can President Trump block citizens from following his own Twitter feed? The Knight First Amendment Institute at Columbia University has filed suit on behalf of several Twitter users who were denied the ability to follow the President’s Twitter feed after they made comments critical of him. The Institute claims that the ban is a violation of a First Amendment right to free speech and free assembly, and that a public official’s social media page is a designated public forum. The Justice Department, defending President Trump, says the courts are powerless to tell President Trump how he can manage his private Twitter handle and the Institute’s requests would “send the First Amendment deep into uncharted waters.” Joining our We The People podcast to discuss these arguments are Alex Abdo, a senior staff attorney at the Knight First Amendment Institute and Eugene Volokh, the Gary T. Schwartz Professor of Law at UCLA School of Law. CREDITS Today’s show was engineered by Jason Gregory and produced by Ugonna Eze and Lana Ulrich. Research was provided by Lana and Tom Donnelly. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. And finally, despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

Transcript

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0:00.0

I'm Jeffrey Rosen, President and CEO of the National Constitution Center, and welcome

0:07.8

to We The People, a weekly show of constitutional debate.

0:11.6

The National Constitution Center is the only institution in America,

0:15.0

chartered by Congress to disseminate information about the U.S. Constitution on a

0:20.6

nonpartisan basis.

0:22.5

And in this episode we will discuss the First Amendment,

0:26.0

Twitter, and whether the Constitution places any limits

0:29.5

on President Trump's ability to block citizens from following him on his Twitter feed.

0:35.0

Last month, the Night First Amendment Institute at Columbia University

0:40.0

filed suit on behalf of several Twitter users who were blocked from President Trump's Twitter feed.

0:45.6

Each of them were blocked after they made comments critical of the president.

0:49.6

The Knight Institute claims that the ban is a violation of the First Amendment, in particular the right

0:54.0

to free speech and free assembly.

0:56.5

In their view, a public official social media page should be treated as what the Supreme

1:00.8

Court is called a designated public forum.

1:03.0

The Justice Department, defending President Trump,

1:06.0

says that courts don't have the authority to tell the President how he can manage his private Twitter handle.

1:11.0

And they also claim that the Knight Institute's request would send the First Amendment

1:15.1

into deep unchartered waters. Joining us to discuss these absolutely fascinating questions are two

1:21.1

of America's leading experts on the First Amendment and technology.

1:25.6

Eugene Volk is the Gary T Schwartz Distinguished Professor of Law at UCLA Law School.

1:31.1

He is the founder and co-author of the Valick Conspiracy, which regularly hosts

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