No, Trump isn’t violating the First Amendment by blocking his critics on Twitter

March 25, 2019

WhiteHouse.gov

Young Voices Contributor

A federal appeals court in New York will hear arguments on March 26 in a free speech lawsuit alleging that President Trump is violating the First Amendment by blocking his critics on Twitter. But while protecting true free speech is important, the president doesn't have any constitutional obligation to listen to criticism—so ultimately, this lawsuit is baseless.

This all started back in 2017. The Knight First Amendment Institute at Columbia University—a free speech organization—filed a First Amendment lawsuit on behalf of seven people who were blocked from Trump's Twitter account. The lawsuit argued that the president has used his Twitter account on numerous occasions to announce official statements, making it a "public forum" in their view. Because the president used his account in an official capacity, he cannot constitutionally bar citizens from viewing or interacting with them, or so they say.

This is a misguided argument, but a federal judge bought into it anyway. A 2018 ruling from federal judge Naomi Reice Buchwald found that Trump acted unconstitutionally when he blocked some of his critics on the social media site he spends a lot of time on. Buchwald classified Twitter as a "public forum" in her ruling, and argued the president had no right to block his critics in the online space.

Adding weight to Buchwald's interpretation of the First Amendment is a January 2018 ruling against a local government official in Virginia. The 4th Circuit Court of Appeals in Virginia determined that government officials cannot block their constituents on social media. Phyllis J. Randall, chair of the Loudoun County Board of Supervisors, deleted a critical comment from a constituent on her Facebook page and temporarily blocked the man from accessing it. A judge ruled that she ran afoul of the First Amendment by deleting the comment and by preventing access to her Facebook page based on the man's views.

Randall's Facebook page and Trump's Twitter account amounted to a digital town hall, therefore they were on weak constitutional footing when they supposedly closed the doors on their critics. This sounds like a reasonable interpretation of the First Amendment, but it's fundamentally flawed.

If the court rules in favor of these disgruntled Twitter users then it will set a problematic precedent for how government officials, from the president to a county commissioner, can use social media.

For one, there is a major difference between blocking someone on Twitter and deleting a comment on Facebook. Even if Trump blocks someone on Twitter, they are still able to tweet about the president to their heart's content. And deleting a comment on a Facebook page prevents everyone from seeing it, not just the intended target of the critical message. If the president found some way to delete critics' tweets then there would certainly be a First Amendment issue, but preventing someone from engaging with his account isn't violating their freedom of speech. The plaintiffs in the Knight First Amendment Institute lawsuit are still free to tweet their criticism of the president, but they have no constitutional right to make him engage with them or hear them out.

Randall very well may have erred by preventing her constituent from participating on her Facebook page, but that's not the same thing as Trump blocking his critics. Even with a block Trump critics are still able to tweet and engage on Twitter, just without their tweeting popping up on the president's screen. One may argue that with a block they can't see his tweets, but that isn't true. If the critics who are blocked just sign out of their accounts then they can go to his account to see his tweets without issue, as Trump's Twitter page is not privacy protected.

If the court rules in favor of these disgruntled Twitter users then it will set a problematic precedent for how government officials, from the president to a county commissioner, can use social media. While the First Amendment guarantees the right to speak freely without fear of government censorship, it does not hold that anyone, even the government, must listen. A government official isn't obligated to hold a town hall to listen to the concerns of constituents, even if it's in the best interest of transparency and the public trust. The government should be more open and responsive to the public's concerns. That doesn't mean people should have unfettered access to a government officials' ear, even if it belongs to the president.

Lindsay Marchello is an associate editor with The Carolina Journal and a contributor with Young Voices. Follow her on Twitter at @LynnMarch007.

Could China OWN our National Parks?

Jonathan Newton / Contributor | Getty Images

The left’s idea of stewardship involves bulldozing bison and barring access. Lee’s vision puts conservation back in the hands of the people.

The media wants you to believe that Sen. Mike Lee (R-Utah) is trying to bulldoze Yellowstone and turn national parks into strip malls — that he’s calling for a reckless fire sale of America’s natural beauty to line developers’ pockets. That narrative is dishonest. It’s fearmongering, and, by the way, it’s wrong.

Here’s what’s really happening.

Private stewardship works. It’s local. It’s accountable. It’s incentivized.

The federal government currently owns 640 million acres of land — nearly 28% of all land in the United States. To put that into perspective, that’s more territory than France, Germany, Poland, and the United Kingdom combined.

Most of this land is west of the Mississippi River. That’s not a coincidence. In the American West, federal ownership isn’t just a bureaucratic technicality — it’s a stranglehold. States are suffocated. Locals are treated as tenants. Opportunities are choked off.

Meanwhile, people living east of the Mississippi — in places like Kentucky, Georgia, or Pennsylvania — might not even realize how little land their own states truly control. But the same policies that are plaguing the West could come for them next.

Lee isn’t proposing to auction off Yellowstone or pave over Yosemite. He’s talking about 3 million acres — that’s less than half of 1% of the federal estate. And this land isn’t your family’s favorite hiking trail. It’s remote, hard to access, and often mismanaged.

Failed management

Why was it mismanaged in the first place? Because the federal government is a terrible landlord.

Consider Yellowstone again. It’s home to the last remaining herd of genetically pure American bison — animals that haven’t been crossbred with cattle. Ranchers, myself included, would love the chance to help restore these majestic creatures on private land. But the federal government won’t allow it.

So what do they do when the herd gets too big?

They kill them. Bulldoze them into mass graves. That’s not conservation. That’s bureaucratic malpractice.

And don’t even get me started on bald eagles — majestic symbols of American freedom and a federally protected endangered species, now regularly slaughtered by wind turbines. I have pictures of piles of dead bald eagles. Where’s the outrage?

Biden’s federal land-grab

Some argue that states can’t afford to manage this land themselves. But if the states can’t afford it, how can Washington? We’re $35 trillion in debt. Entitlements are strained, infrastructure is crumbling, and the Bureau of Land Management, Forest Service, and National Park Service are billions of dollars behind in basic maintenance. Roads, firebreaks, and trails are falling apart.

The Biden administration quietly embraced something called the “30 by 30” initiative, a plan to lock up 30% of all U.S. land and water under federal “conservation” by 2030. The real goal is 50% by 2050.

That entails half of the country being taken away from you, controlled not by the people who live there but by technocrats in D.C.

You think that won’t affect your ability to hunt, fish, graze cattle, or cut timber? Think again. It won’t be conservatives who stop you from building a cabin, raising cattle, or teaching your grandkids how to shoot a rifle. It’ll be the same radical environmentalists who treat land as sacred — unless it’s your truck, your deer stand, or your back yard.

Land as collateral

Moreover, the U.S. Treasury is considering putting federally owned land on the national balance sheet, listing your parks, forests, and hunting grounds as collateral.

What happens if America defaults on its debt?

David McNew / Stringer | Getty Images

Do you think our creditors won’t come calling? Imagine explaining to your kids that the lake you used to fish in is now under foreign ownership, that the forest you hunted in belongs to China.

This is not hypothetical. This is the logical conclusion of treating land like a piggy bank.

The American way

There’s a better way — and it’s the American way.

Let the people who live near the land steward it. Let ranchers, farmers, sportsmen, and local conservationists do what they’ve done for generations.

Did you know that 75% of America’s wetlands are on private land? Or that the most successful wildlife recoveries — whitetail deer, ducks, wild turkeys — didn’t come from Washington but from partnerships between private landowners and groups like Ducks Unlimited?

Private stewardship works. It’s local. It’s accountable. It’s incentivized. When you break it, you fix it. When you profit from the land, you protect it.

This is not about selling out. It’s about buying in — to freedom, to responsibility, to the principle of constitutional self-governance.

So when you hear the pundits cry foul over 3 million acres of federal land, remember: We don’t need Washington to protect our land. We need Washington to get out of the way.

Because this isn’t just about land. It’s about liberty. And once liberty is lost, it doesn’t come back easily.

This article originally appeared on TheBlaze.com.

EXPOSED: Why the left’s trans agenda just CRASHED at SCOTUS

Anna Moneymaker / Staff | Getty Images

You never know what you’re going to get with the U.S. Supreme Court these days.

For all of the Left’s insane panic over having six supposedly conservative justices on the court, the decisions have been much more of a mixed bag. But thank God – sincerely – there was a seismic win for common sense at the Supreme Court on Wednesday. It’s a win for American children, parents, and for truth itself.

In a 6-3 decision, the Supreme Court upheld Tennessee’s state ban on irreversible transgender procedures for minors.

The mostly conservative justices stood tall in this case, while Sotomayor, Kagan, and Jackson predictably dissented. This isn’t just Tennessee’s victory – 20 other red states that have similar bans can now breathe easier, knowing they can protect vulnerable children from these sick, experimental, life-altering procedures.

Anna Moneymaker / Staff | Getty Images

Chief Justice John Roberts wrote the majority opinion, saying Tennessee’s law does not violate the Equal Protection Clause. It’s rooted in a very simple truth that common sense Americans get: kids cannot consent to permanent damage. The science backs this up – Norway, Finland, and the UK have all sounded alarms about the lack of evidence for so-called “gender-affirming care.” The Trump administration’s recent HHS report shredded the activist claims that these treatments help kids’ mental health. Nothing about this is “healthcare.” It is absolute harm.

The Left, the ACLU, and the Biden DOJ screamed “discrimination” and tried to twist the Constitution to force this radical ideology on our kids.

Fortunately, the Supreme Court saw through it this time. In her concurring opinion, Justice Amy Coney Barrett nailed it: gender identity is not some fixed, immutable trait like race or sex. Detransitioners are speaking out, regretting the surgeries and hormones they were rushed into as teens. WPATH – the World Professional Association for Transgender Health, the supposed experts on this, knew that kids cannot fully grasp this decision, and their own leaked documents prove that they knew it. But they pushed operations and treatments on kids anyway.

This decision is about protecting the innocent from a dangerous ideology that denies biology and reality. Tennessee’s Attorney General calls this a “landmark victory in defense of America’s children.” He’s right. This time at least, the Supreme Court refused to let judicial activism steal our kids’ futures. Now every state needs to follow Tennessee’s lead on this, and maybe the tide will continue to turn.

Insider alert: Glenn’s audience EXPOSES the riots’ dark truth

Barbara Davidson / Contributor | Getty Images

Glenn asked for YOUR take on the Los Angeles anti-ICE riots, and YOU responded with a thunderous verdict. Your answers to our recent Glennbeck.com poll cut through the establishment’s haze, revealing a profound skepticism of their narrative.

The results are undeniable: 98% of you believe taxpayer-funded NGOs are bankrolling these riots, a bold rejection of the claim that these are grassroots protests. Meanwhile, 99% dismiss the mainstream media’s coverage as woefully inadequate—can the official story survive such resounding doubt? And 99% of you view the involvement of socialist and Islamist groups as a growing threat to national security, signaling alarm at what Glenn calls a coordinated “Color Revolution” lurking beneath the surface.

You also stand firmly with decisive action: 99% support President Trump’s deployment of the National Guard to quell the chaos. These numbers defy the elite’s tired excuses and reflect a demand for truth and accountability. Are your tax dollars being weaponized to destabilize America? You’ve answered with conviction.

Your voice sends a powerful message to those who dismiss the unrest as mere “protests.” You spoke, and Glenn listened. Keep shaping the conversation at Glennbeck.com.

Want to make your voice heard? Check out more polls HERE.

EXPOSED: Your tax dollars FUND Marxist riots in LA

Anadolu / Contributor | Getty Images

Protesters wore Che shirts, waved foreign flags, and chanted Marxist slogans — but corporate media still peddles the ‘spontaneous outrage’ narrative.

I sat in front of the television this weekend, watching the glittering spectacle of corporate media do what it does best: tell me not to believe my lying eyes.

According to the polished news anchors, what I was witnessing in Los Angeles was “mostly peaceful protests.” They said it with all the earnest gravitas of someone reading a bedtime story, while behind them the streets looked like a deleted scene from “Mad Max.” Federal agents dodged concrete slabs as if it were an Olympic sport. A man in a Che Guevara crop top tried to set a police car on fire. Dumpster fires lit the night sky like some sort of postapocalyptic luau.

If you suggest that violent criminals should be deported or imprisoned, you’re painted as the extremist.

But sure, it was peaceful. Tear gas clouds and Molotov cocktails are apparently the incense and candles of this new civic religion.

The media expects us to play along — to nod solemnly while cities burn and to call it “activism.”

Let’s call this what it is: delusion.

Another ‘peaceful’ riot

If the Titanic “mostly floated” and the Hindenburg “mostly flew,” then yes, the latest L.A. riots are “mostly peaceful.” But history tends to care about those tiny details at the end — like icebergs and explosions.

The coverage was full of phrases like “spontaneous,” “grassroots,” and “organic,” as if these protests materialized from thin air. But many of the signs and banners looked like they’d been run off at ComradesKinkos.com — crisp print jobs with slogans promoting socialism, communism, and various anti-American regimes. Palestinian flags waved beside banners from Mexico, Venezuela, Cuba, and El Salvador. It was like someone looted a United Nations souvenir shop and turned it into a revolution starter pack.

And guess who funded it? You did.

According to at least one report, much of this so-called spontaneous rage fest was paid for with your tax dollars. Tens of millions of dollars from the Biden administration ensured your paycheck funded Trotsky cosplayers chucking firebombs at local coffee shops.

The same aging radicals from the 1970s — now armed with tenure, pensions, and book deals — are cheering from the sidelines, waxing poetic about how burning a squad car is “liberation.” These are the same folks who once wore tie-dye and flew to help guerrilla fighters and now applaud chaos under the banner of “progress.”

This is not progress. It is not protest. It’s certainly not justice or peace.

It’s an attempt to dismantle the American system — and if you dare say that out loud, you’re labeled a bigot, a fascist, or, worst of all, someone who notices reality.

And what sparked this taxpayer-funded riot? Enforcement against illegal immigrants — many of whom, according to official arrest records, are repeat violent offenders. These are not the “dreamers” or the huddled masses yearning to breathe free. These are criminals with long, violent rap sheets — allowed to remain free by a broken system that prioritizes ideology over public safety.

Photo by Kyle Grillot/Bloomberg | Getty Images

This is what people are rioting over — not the mistreatment of the innocent, but the arrest of the guilty. And in California, that’s apparently a cause for outrage.

The average American, according to Los Angeles Mayor Karen Bass, is supposed to worry they’ll be next. But unless you’re in the habit of assaulting people, smuggling, or firing guns into people’s homes, you probably don’t have much to fear.

Still, if you suggest that violent criminals should be deported or imprisoned, you’re painted as the extremist.

The left has lost it

This is what happens when a culture loses its grip on reality. We begin to call arson “art,” lawlessness “liberation,” and criminals “community members.” We burn the good and excuse the evil — all while the media insists it’s just “vibes.”

But it’s not just vibes. It’s violence, paid for by you, endorsed by your elected officials, and whitewashed by newsrooms with more concern for hair and lighting than for truth.

This isn’t activism. This is anarchism. And Democratic politicians are fueling the flame.