Expressing skepticism that President Trump can constitutionally block social media users from his Twitter account a Manhattan judge urged the parties Thursday to settle their case and said followers whose views offend him could simply be muted.
Judge Naomi Reice Buchwald brought up the simple solution during oral arguments in Manhattan federal court on the constitutionality of Trump blocking critics from his Twitter page.
Buchwald asked, “Why are we here? Don’t we have a solution that serves the interests of the plaintiffs, serves the interests of the president?”
“Isn’t the answer that he just mutes the person he finds personally offensive?” Buchwald said adding, “He can avoid hearing them by muting them.”
The Knight First Amendment Institute at Columbia University filed the lawsuit against Trump in July after seven people — who are also plaintiffs in the case — were blocked from his @realDonaldTrump page following their criticism of him.
Lawyers on both sides said they would consider Buchwald’s suggestion.
A government lawyer, Michael Baer, argued that since it’s Trump’s personal account established before he was president he shouldn’t have to treat it like a public forum. But Baer conceded, “We can certainly take that suggestion and go back and discuss it.”
“I don’t think it’s a perfect solution but it is far less restrictive,” Katherine Fallow, a lawyer for the plaintiffs, said.
If the parties don’t reach a resolution Buchwald will issue her ruling soon.
With Post wires