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Judge to Trump: Blocking Critics on Twitter Is Unconstitutional

Whether the White House will follow the court order remains unclear. But it appears the Justice Department is preparing to fight it.

 & Michael Kan Principal Reporter

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President Donald Trump's practice of blocking his critics on Twitter is unconstitutional and in violation of the First Amendment, a federal judge ruled on Wednesday.

Trump's personal Twitter account @realDonaldTrump is a "public forum," where debate should be permitted, New York District Judge Naomi Reice Buchwald wrote in her ruling.

"While we must recognize, and are sensitive to, the President's personal First Amendment rights, he cannot exercise those rights in a way that infringes the corresponding First Amendment rights of those who have criticized him," she added.

The ruling represents a win for the Knight First Amendment Institute, which sued the president last year on behalf of several US residents who were blocked by Trump's account. By blocking them, the president can prevent the affected accounts from viewing, responding, or reacting to his tweets.

The judge refrained from ordering the Trump to unblock his critics over the social media platform; her ruling simply presumes Trump and his staff will follow the law.

"We hope that the White House will simply implement the court's order," Knight First Amendment Institute spokeswoman Ujala Sehgal said. But if the White House ignores the order or tries to appeal it, the Institute will take further legal action, including seeking a court injunction, she added.

According to Reuters, the US Justice Department disagrees with today's ruling and is considering ways to respond.

They could just mute accounts instead of blocking, the judge pointed out. "Muting equally vindicates the President's right to ignore certain speakers and to selectively amplify the voices of certain others but—unlike blocking—does so without restricting the right of the ignored to speak."

The ruling has implications for all public officials on social media. "The First Amendment prohibits government officials from suppressing speech on the basis of viewpoint," Katie Fallow, senior staff attorney at the Institute, said in a statement. "The court's application of that principle here should guide all of the public officials who are communicating with their constituents through social media."

Whether Twitter will take action and remove the blocking option from accounts registered to public officials isn't clear. The company declined to comment.

About Our Expert

Michael Kan

Michael Kan

Principal Reporter

My Experience

I've been a journalist for over 15 years. I got my start as a schools and cities reporter in Kansas City and joined PCMag in 2017, where I cover satellite internet services, cybersecurity, PC hardware, and more. I'm currently based in San Francisco, but previously spent over five years in China, covering the country's technology sector.

Since 2020, I've covered the launch and explosive growth of SpaceX's Starlink satellite internet service, writing 600+ stories on availability and feature launches, but also the regulatory battles over the expansion of satellite constellations, fights with rival providers like AST SpaceMobile and Amazon, and the effort to expand into satellite-based mobile service. I've combed through FCC filings for the latest news and driven to remote corners of California to test Starlink's cellular service.

I also cover cyber threats, from ransomware gangs to the emergence of AI-based malware. In 2024 and 2025, the FTC forced Avast to pay consumers $16.5 million for secretly harvesting and selling their personal information to third-party clients, as revealed in my joint investigation with Motherboard.

I also cover the PC graphics card market. Pandemic-era shortages led me to camp out in front of a Best Buy to get an RTX 3000. I'm now following how the AI-driven memory shortage is impacting the entire consumer electronics market. I'm always eager to learn more, so please jump in the comments with feedback and send me tips.

The Best Tech I've Had:

  • My first video game console: a Nintendo Famicom
  • I loved my Sega Saturn despite PlayStation's popularity.
  • The iPod Video I received as a gift in college
  • Xbox 360 FTW
  • The Galaxy Nexus was the first smartphone I was proud to own.
  • The PC desktop I built in 2013, which still works to this day.

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