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- Jan 8, 2017
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It certainly seems ridiculous but my guess is the lawyers will argue that it no longer serves as his personal account. They will likely argue he is using it in his official capacity as POTUS to communicate with the people. And that does appear to be how he is using it. They will probably argue that as POTUS he is preventing people who disagree with him from having the same level of access as those who do. They will say it gives a false impression of his level of support by preventing his opposition from participating in the conversation on Trump's preferred communications platform.
That's my guess. But I would also guess the courts will say Twitter is a private entity and can allow users to block people if they wish.
And on that basis would win the case based on a cherry picked version of the 1st amendment. " the right of the people peaceably to assemble and to petition the government for a redress of grievances.>|"
But i think the case would more revolve around the first part of the 1st. " Congress shall make no law" . Is banning someone from your account regardless of whether it is government public or personal private, creating a law?