Legal Experts Sound Off on Trump’s ‘Insane’ Attacks on Twitter’s
First Amendment Rights
- Jerry Lambe
Donald Trump
got a reality check on Tuesday, or at least a fact-check, when Twitter began
flagging the president’s false or misleading tweets and providing links to
factually accurate information–in this case, about extremely low rate of
mail-in voter fraud. Trump responded by attacking the social media platform,
claiming the privately owned company was “stifling free speech,” a statement
which many legal experts saw fit to fact-check as well.
The platform’s new fact-checking mechanism appeared when Trump tweeted a series of false and unsubstantiated claims about the prevalence of voter fraud in relation to mail-in absentee ballots.
The link,
which urged people to “Get the facts about mail-in ballots,” directed readers
to a brief statement explaining the untrue nature of the claims and a list of
bullet points rebutting several individual falsehoods.
Twitter had
been under increasing pressure to do something about certain tweets posted on Trump’s
official account, but the final straw appears to have been an emotional plea
from the widower of Lori Klausutis. Klausutis’s accidental death nearly 20
years ago has been used by Trump to accuse MSNBC’s Joe Scarborough of murder.
According to
the medical examiner’s report, the then-28-year-old congressional staffer
fainted while working late in Scarborough’s Florida office and, due to an
undiagnosed heart condition, hit her head on a desk. Klausutis wasn’t found
until the following morning. Scarborough himself was more than 900 miles away
in Washington at the time.
Timothy “T.J.”
Klausutis asked Twitter to remove Trump’s “horrifying lies” about his deceased
wife. Twitter did not do that, but they fact-check Trump on Tuesday.
Upon learning
of the new feature, Trump responded by erroneously accusing Twitter of
violating his right to free speech; he threatened to take action against the
company.
“Twitter is
now interfering in the 2020 Presidential Election. They are saying my statement
on Mail-In Ballots, which will lead to massive corruption and fraud, is
incorrect, based on fact-checking by Fake News CNN and the Amazon Washington
Post,” Trump tweeted. “…Twitter is completely stifling FREE SPEECH, and I will
not allow it to happen!”
As noted in a
previous Law&Crime analysis regarding the decisions of private business
entities, the First Amendment protects “subjects and citizens from government
action.”
Twitter is not
the government.
The irony of Trump
complaining that a non-state actor was violating his right to free speech–only
to threaten to use his government position to prevent that non-state actor from
continuing to operate in such a way (which would be a violation of Twitter’s
First Amendment rights)–was not lost on legal experts.
Anti-Trump
Harvard Law School Professor Laurence Tribe, one of the nation’s most widely
known constitutional scholars, called Trump’s tweet’s “insane.”
“Trump
attacking Twitter for exercising its indisputable First Amendment right to
opine on the misleading tweets he posts on its platform. Now THAT IS INSANE,”
Tribe wrote.
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