The following is Supreme Court Justice Clarence Thomas’s concurring opinion in President Joe Biden v. Knight First Amendment Institute at Columbia University. In a ruling for writ of certiorari, Thomas concurred in an opinion to send the case back to the U.S. Court of Appeals for the Second Circuit with instructions to dismiss as moot, now that Biden is president. The case, launched in August, inquires whether the First Amendment strips government officials of their ability to block third-party accounts on Twitter if the personal account is used to conduct official business. The lower court ruled that Donald Trump violated the First Amendment when he blocked users on the platform, which served as a public forum. Read Thomas’s full opinion complete with citations here.
JUSTICE THOMAS, concurring.
When a person publishes a message on the social media platform Twitter, the platform by default enables others to republish (retweet) the message or respond (reply) to it or other replies in a