Tuesday, July 09, 2019

More Speech

The irony in all of this is that we write at a time in the history of this nation when the conduct of our government and its officials is subject to wide‐open, robust debate.  This debate encompasses an extraordinarily broad range of ideas and viewpoints and generates a level of passion and intensity the likes of which have rarely been seen.  This debate, as uncomfortable and as unpleasant as it frequently may be, is nonetheless a good thing.  In resolving this appeal, we remind the litigants and the public that if the First Amendment means anything, it means that the best response to disfavored speech on matters of public concern is more speech, not less.

The judgment of the District Court is AFFIRMED.

-- Judge Barrington D. Parker, for a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, ruling that President Trump cannot block users on Twitter because he tweets in an official capacity, 9 July 2019

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