Now that the question of whether Donald Trump was violating the First Amendment when he blocked nasty commenters on his tweets (like every other Twitter-user could do) has some distance from the reflex “That asshole! Serves him right that the courts stopped him” response from the Trump Deranged, the issue has sparked some varied and interesting commentary. Yesterday’s EA post sure did; I even managed to trigger a violent argument between two long-time esteemed commenters here.
I remain very ambivalent on the issue. Here is Rich in CT’s Comment of the Day raising a parallel that is one of the reasons.
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I serve on a local board, and in Connecticut at least, there is no inherit right for the public to speak in any particular forum (during the conduct of official business). If comments are allowed, it is up to the discretion of the board (pursuant to applicable bylaws), and they can be limited to a specific topic to help the board make a lawful and effective public policy decision. Disruptive comments can be barred. My board has never had to remove a disruptive individual, but we have that right if needed as they speak as our guests.
We’ve had heated exchanges, and have had to frequently warn the public that comments must remain on topic and civil. Allowing uncivil comments, in fact, can create a “hostile forum” that can potentially bias the commission again a particular applicant. Courts can vacate decisions made during such conditions, and made adjudicate the application itself, taking the decision completely out of the commission’s control.








