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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

If an elected official blocks someone on Twitter, do courts say it's a First Amendment violation?

By Samuel Henning
YES

Multiple federal courts have ruled that elected officials cannot block people on social media because they criticize or disagree with the official. In a 2019 ruling, an appeals court ruled that President Trump could not ban people from following his Twitter account simply because they had been critical of him. The court reasoned that because the President utilizes his account as a means of official communication, it must be accessible to all. President Trump has appealed the decision to the Supreme Court; if the court decides to hear the case it's unlikely to make a ruling until next year.

In a similar case, Democratic Representative Alexandria Ocasio-Cortez was sued for blocking critics on her Twitter account. She has since unblocked the users and apologized.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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