Monthly Archives: July 2017

A man is seen with a laptop depicting an image of U.S. president Donald Trump with a Twitter logo displayed in the background in this photo illustration on 2 July, 2017.Jaap Arriens/NurPhoto via Getty Images

President Donald Trump has described himself on Twitter as MODERN DAY PRESIDENTIAL because of his use of social media. He has extolled the virtues of social media, allowing him to reach 100 million people without being intermediated by the Fake News Media. How presidential, effective, and good for America this novel approach to raw, direct communication is can be debated, but the legality of the presidents blocking Twitter users from receiving or replying to his posts based on their political viewpoints is beyond reasonable debate. It is a violation of the First Amendment of the Constitution.

On Tuesday, individuals who have been blocked by the president on Twitter filed a civil action in federal court in New York. That means Judge Naomi Reice Buchwald will soon opine on the presidents unconstitutional viewpoint discrimination. The complaint alleges that President Trumps Twitter account, @realDonaldTrump, has become an important public forum for speech by, to, and about the President and by blocking individuals from receiving and replying to his tweets, the president is engaging in viewpoint-based discrimination prohibited by the First Amendment. Constitution protects certain platforms of communication in order to promote, as the Supreme Court put it, the free exchange of ideas . In a traditional public forum, like a public street or park, or in designated public forums, which are f ms designated by the government as a channel of communication for public debate, speakers can be excluded only when the exclusion is necessary to serve a compelling state interest and the exclusion is narrowly drawn to achieve that interest.

As Ive detailed on the Lawfare blog , although the president has not formally designated the @realDonaldTrump Twitter account as a public forum, this is no mere private account. The presidents own spokesperson, Sean Spicer, has stated that the posts of the president on that account should be considered official statements by the President of the United States . The president uses this account to speak to matters in his official capacitysuch as discussing his meetings with foreign leaders, providing reasons for hiring the FBI director, sharing video of cabinet meetings, and, of course, covfefe. Courts have taken heed; the Court of Appeals cited one of the presidents tweets in determining the purpose of the presidents Travel Ban.

Blocking people from receiving the official statements of the president based on their viewpoints is patently unconstitutional. Moreover, with some 20,000 replies posted to a typical @realDonaldTrump presidential tweet, there is undoubtedly a thriving public forum where citizens are engaging with the president and each other about matters of national importance. To deny an individual or an institution the right to participate in this forum affects not only their right to free speech, but it also affects the rights of the listenersthose individuals and institutions who were deprived of being able to hear the speech that was stifled.

The individual plaintiffs identified in the complaint have all alleged that they have been blocked by the president based on replies they tweeted criticizing the president or his policies. And there are many others that have been similarly blocked. For example, the veteran advocacy group VoteVets, which claims to represent more than 500,000 veterans, reports that it was blocked by the president after it tweeted a criticism of the president and his policies.

The next steps for the president seem clear: Stop engaging in viewpoint discrimination and unblock those individuals and institutions punished for criticizing him or his policies. If he doesnt, the courts will issue a declaration that his actions are unconstitutional and order him to comply. To quote one of the presidents tweets: See you in Court.

Robert M. Loeb is partner at Orrick, Herrington & Sutcliffe, LLP, in its Supreme Court and appellate litigation practice, and was previously an appellate counsel at the U.S. Department of Justice. Anjali Dalal is an associate at Orrick, Herrington & Sutcliffe, LLP, a former judicial law clerk to Judge Sack of the U.S. Court of Appeals for the Second Circuit, and has published on issues of how the First Amendment applies to Internet postings.

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How President Trump Is Violating the First Amendment - Fortune

Prominent Harvard law professor and liberal author Alan Dershowitz says Donald Trump Jr.s controversial meeting last year with a Russian lawyer is likely protected under the First Amendment.

Theres a big difference between the act of stealing, or the act of hacking, and the act of using it, Mr. Dershowitz told Fox Business host Neil Cavuto in an appearance Wednesday.

And theres really no difference under the First Amendment between a campaigner using information he obtained from somebody who obtained it illegally and a newspaper doing it, he continued. So I think this is conduct that would be covered by the First Amendment. It is also not prohibited by law. And theres been so much overwrought claim. There are people are talking about treason. I cant believe The New York Times had an op-ed yesterday in which treason was mentioned.

Mr. Trump Jr. on Tuesday released an email chain between himself and a British publicist that arranged a June 2016 meeting with Russian lawyer Natalia Veselnitskaya, who, according to the publicist, offered very high level and sensitive information about Hillary Clinton as part of the Russian governments support for Donald Trumps presidential campaign.

The younger Mr. Trump said Tuesday that the meeting turned out to be a waste of time and nothing came of it, but the revelation ramped up allegations from Democratic lawmakers that associates of President Trump may have colluded with the Russian government to influence the U.S. election. Some lawmakers, including Hillary Clintons running mate Tim Kaine, have said it could potentially lead to a treason investigation.

Mr. Dershowitz, however, said he doesnt see any crime at this point in Mr. Trump Jr.s behavior.

Even if the worst case scenario as far as we know now, is the Russians get in touch with Trump Jr. and say, we have some dirt on Hillary Clinton, come well give it to you and he goes and gets the information. Thats what the New York Times did with the Pentagon Papers, thats what the Washington Post did and many other newspaper did with information with Snowden and Manning, he told Newsmax Tuesday. You are allowed legally to use material that was obtained illegally as long as you had nothing to do with the illegal nature of obtaining the information, so at the moment I see no legal jeopardy for Trump Jr.

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Alan Dershowitz: Donald Trump Jr.'s conduct likely covered by First ... - Washington Times

In October 2005, I proudly raised my right hand and swore that as a United States Marine, I would defend our Constitution against all enemies, foreign and domestic. This oath separated me from my family for long periods of time and took me to dangerous places like Iraq.

I gladly made these sacrifices and would do so again because I believe this idea is worth defending at all costs.

And the thousands of grassroots CVA volunteers and supporters across the country share my commitment.

Founded by combat veterans and led by Executive Director Mark Lucas,an Army Ranger and Afghan war veteran who currently serves in the Iowa National Guard, CVA aims to preserve the freedoms we fought and sacrificed to defend.

Today, we are alarmed when those freedoms come under attack here at home, such as when state governments attempt to limit free speech, Americans most fundamental freedom. In Missouri, New Mexico, South Carolina, and elsewhere, government and elected officials have sought to force private organizations to reveal their supporters personal information.

There is avital relationship between freedom to associate and privacy in ones association,theSupreme Courtdeclared in the 1958 NAACP vs. Patterson case.

By invading that privacy, these disclosure laws are a clear assault on freedom of association and speech. These policies silencedissent and chill public debate and that is the goal of their sponsors.

CVA refuses to tolerate such attacks on American freedoms, and for this we were criticized.

Arecent attackcharged that our modest $5,000 online advertising campaign that we launched June 28 as part of our effort to defend the First Amendment was disrespectful to our nations founders and veterans, and further claimed that anonymity in political discourse poses a threat to our democracy.

This is an absurd argument to make at any time, but particularly as we celebrated our nations birthas patriotic displays go, a defense of free speech is right up there with fireworks and parades.

It was Thomas Paines anonymously released pamphletCommon Sensethat sparked the American Revolution. Without the pen of the author of Common Sense, the sword of Washington would have been raised in vain,John Adamsdeclared.

Under the pseudonym Publius, Alexander Hamilton, James Madison, and John Jay eloquently pleaded the case for ratification of the Constitution. John Adams, Benjamin Franklin, and others also recognized the value of anonymous speech, which allows listeners to evaluate arguments solely on their merits, without a preconceived bias toward the speaker.

Anonymous speech is not dangerous to free people, who are, as theSupreme Courtput it, intelligent enough to evaluate the source of an anonymous writing. Instead, anonymous speech is dangerous to corrupt or oppressive governments, which throughout history, people like Thomas Paine have been able to criticizeanonymously or not at all, as theCourtnoted in 1960.

Whether anonymous or identified, free speech acts as a bulwark, repelling government threats to our liberties. And it has enabled Americans to advance the promise of freedom, from womens suffrage, to the civil rights movement, to the critical issues of our day.

The unfettered and open exchange of ideas has made ours the greatest nation in history a nation that millions have fought and died to protect. The veterans and volunteers at CVA will continue to unapologetically defend free speech across the country.

Dan Caldwell isthe director of policy for Concerned Veterans for America, which says its mission is to promote freedom and receives funding from donors across the country as well as the Charles and David Koch brothers.

The views of contributors are their own and not the views of The Hill.

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Defending the First Amendment is not a 'special interest' - The Hill (blog)

ABC News Pete Madden and Erin Galloway smeared Christians who believe the Bill of Rights secures religious liberty as a hate group, in an article this week headlined, Jeff Sessions addresses anti-LGBT hate group, but DOJ wont release his remarks. The lede of the story made it clear this was not just the work of a rogue headline writer but the failure of the reporters themselves:

Attorney General Jeff Sessions delivered a speech to an alleged hate group at an event closed to reporters on Tuesday night, but the Department of Justice is refusing to reveal what he said.

First, a note that you can and should read the prepared remarks of the Attorney General here at The Federalist.

Who is this hate group? Alliance Defending Freedom is not a hate group at all, but a civil liberties organization that battles for religious liberty. And theyre not a fringe group either. They just weeks ago won their most recent Supreme Court victory Trinity Lutheran v. Comer 7-2. It was their fifth Supreme Court victory in seven years, during which time theyve had no losses at the high court.

And the group is ranked among the top law firms in the country for its successes at the Supreme Court.

Most recently the non-profit law firm found out that the Supreme Court agreed to hear another one of their cases dealing with artistic freedom and religious liberty.

To characterize such an accomplished civil rights group as a hate group is unacceptable and inexcusable. It boggles the mind why ABC News, in the midst of cratering credibility, would disparage Christian efforts in favor of religious liberty in such a mendacious way.

How in the world did this happen?

Well, for some reason ABC News chose to wholly adopt the Southern Poverty Law Centers framing for the significance of the attorney generals speech to the group. Check it out:

Heres why reporters such as Pete Madden and Erin Galloway should be wary before slightly rewriting SPLC press releases and passing off the work as their own. SPLC previously had a reservoir of credibility based on a history of good work exposing legitimately nefarious individuals and groups. In recent years, however, that reservoir has all but dried up as SPLC has gone after reasonable groups it merely disagrees with politically but labels as hate groups. It engages in this campaign while ignoring serious problems on the left.

SPLC has the gall to list the Family Research Council as a hate group, for instance, even after an SPLC follower used an SPLC hate map to locate the Family Research Council offices in Washington, D.C., and commit an act of terrorism and attempted mass murder against the group. Thankfully, the SPLC-inspired terrorist was stopped by the security guard he shot when he arrived. Read all about that incident here.

The most recent attempted assassination by a left-wing terrorist was also a follower of SPLC. As Jeryl Bier wrote in the Wall Street Journal, The Insidious Influence of the SPLC: Its branding of hate groups and individuals is biased, sometimes falseand feeds polarization.

Last week the SPLC found itself in the awkward position of disavowing the man who opened fire on Republican members of Congress during baseball practice. Were aware that the SPLC was among hundreds of groups that the man identified as the shooter liked on Facebook, SPLC president Richard Cohen said in a statement. I want to be as clear as I can possibly be: The SPLC condemns all forms of violence.

Its not just Christians who SPLC targets. SPLC also faces legal action for placing British Muslim author and counter-extremism activist Maajid Nawaz on an anti-Muslim hate list.

The Southern Poverty Law Center has put my name on a list that calls me an anti-Muslim extremist. I am the only Muslim on the list. This list has smeared my name and possibly put me in physical danger. This is a message to those who think they can throw around damning labels like Islamophobe racist and Nazi without any evidence and simply get away with it.

You can read more about Nawazs plight here at The Atlantic.

ABC News can certainly quote the Southern Poverty Law Centers extreme views, but it shouldnt build a story around the wholesale acceptance of their flawed premises. That turns journalism into anti-religious propaganda on behalf of a partisan group. Media outlets do not want to be perceived as enemies of average Americans. They should avoid giving people reason to view them as just that.

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ABC News: Christians Who Believe In The First Amendment Are A 'Hate Group' - The Federalist