'Uncharted Waters' for First Amendment in Trump Twitter Suit?

Attorneys for the U.S. Department of Justice said a preliminary injunction to force President Donald Trump to unblock a group of plaintiffs on Twitter…

August 14, 2017 at 06:04 PM

1 minute read

By B. Colby Hamilton | Updated on August 14, 2017
X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The original version of this story was published on Law.com


Trump-rally

Attorneys for the U.S. Department of Justice said a preliminary injunction to force President Donald Trump to unblock a group of plaintiffs on Twitter would “send the First Amendment deep into uncharted waters,” according to a letter filed Aug. 11.

The group brought suit against the president last month, in Knight First Amendment Institute at Columbia University v. Trump, 17-cv-5205, arguing that his decision to block them on the social media platform represented a First Amendment violation.

Trump uses Twitter to make official government pronouncements and take official government actions, plaintiffs argue. In blocking their individual accounts, the president has imposed an unconstitutional viewpoint-based restriction to what amounts to an open public forum.

In an Aug. 8 letter to U.S. District Judge Naomi Reice Buchwald of the Southern District of New York from the Knight First Amendment Institute at Columbia University, plaintiffs said they were prepared to file a motion for a preliminary injunction to force the president to unblock the seven individual plaintiffs suffering “irreparable injury to their First Amendment rights during the pendency of this litigation.”

The government countered that the court should not let plaintiffs “seek, much less obtain,” the injunction, arguing that doing so would “raise profound separation-of-powers concerns by intruding directly into the president’s chosen means of communicating to millions of Americans.”

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›