The case involving Former President Trump’s Twitter @realdonaldtrump account while he was president is his personal property. The Justice Department claimed that preventing people from accessing it was analogous to elected officials refusing to allow opponents’ yard signs to be placed on their front lawns. His account has over 88 million followers,
Twitter banned Trump two days after the Capitol riot on Jan. 6. According to the company, the decision was taken “due to the risk of further incitement of violence.”
According to the second circuit, the president’s account functions as a public forum. While it discusses official issues of national importance, it also includes input from White House employees; the former president could not retaliate by blocking the users’ Twitter accounts.
On the night before Joe Biden’s inauguration in January, the U.S. Justice Department asked the Supreme Court to dismiss the lawsuit as moot. Government attorneys called for the reversal, claiming that the president’s decision to ban specific Twitter users’ responses was a discretionary option that any Twitter user could make. The motion even requested SCOTUS to overturn lower court decisions.
Since Trump was indefinitely banned from Twitter and his presidential term expired, the court said nothing else would be done with the lawsuit. The court has officially overturned an appeals court decision that ruled Trump had violated the First Amendment by blocking critics to censor them.
Last year, however, a federal appeals court in New York found that Trump used the account to make regular pronouncements and observations disproportionately official.