So I’ve long been skeptical about the 1st ammendment right not to be blocked on twitter by Donald Trump. It seemed to me th
e fact he was president and even talked about official policies in his tweets in no way meant his actions on his twitter account were taking in his public capacity. As Prof. Volokh points out in the link it’s is common for presidents to discuss policy, promise governmental action and even announce new programs during their stump speeches which are clearly and unequivocally understood to be made in their capacity as private individuals.
But Prof. Volokh finally convinced me on this point by observing that Trump uses white house staff to manage and post on his twitter account in ways that would be illegal if it was a political or even purely personal concern.
Nicely, this means we don’t have to worry that it will become impossible for government officials to campaign via social media. Donald Trump can have @RealDonaldTrump as his personal twitter but he then has to run it out of Trump tower or his political staff and not the white house (though he will probably be far too lazy to do that).
More broadly, rather than the harms I feared would come from either treating all presidential social media as official or unofficial we get an incentive for politicians to more carefully separate their official and personal roles.
President Trump has been blocking some Twitter users from his @RealDonaldTrump account, apparently because of their viewpoints. (The President apparently stipulated, in this lawsuit, that “[s]hortly after the Individual Plaintiffs posted the tweets …