The three-judge panel for the United States Court of Appeals for the Ninth Circuit argued that annoyance and concern that the couple's posts were distracting others and interfering with others commenting wasn’t corroborated by the facts.
On April 5th, the Supreme Court of the United States vacated the Second Circuit’s decision in Knight First Amendment Institute v. Donald Trump, a long-running lawsuit challenging former President Donald Trump’s pattern of blocking critics from his personal Twitter account, @realDonaldTrump.
As in previous cases, the president's lawyers insist that the president's personal account is private and he should be allowed to exclude critics freely. They also emphasized that the act of blocking was not a kind of state action because it did not involve government power.
The lawsuit says that the President continues to exclude users who were blocked before his inaguration or cannot specify the tweet that provoked the block. According to the complaint, the President’s staff told the Knight Institute as recently as July 20nd that the President “does not intend to unblock persons who were blocked prior to his inauguration or who cannot identify a tweet that proceeded and allegedly precipitated the blocking.”