December 31, 2019 Issue, Page 4 of 17

Page Text

Page 4 The Elk City News, Elk City, Oklahoma Tuesday, December 31, 2019 Opinion Page Almost all elected officials can “ElkCituNews block people on Twitter Serving Western Oklahoma since 1901 Why Oklahoma City as ‘The By Devin Watkins InsideSources.com prohibited by the First Amend- ment. However, if Twitter al- to, among other things, “an- nounce official decisions.” The cuit has decided that Trump has adopted his Twitter ac- Big Friendly’ lacks a friendly lowed accounts to turn off all White House press secretary count as an official account of Some who have heard that responses, this would likely said the tweets are consid- his office and therefore can- embrace President Trump cannot block be allowed, as it wouldn’t be ered the “official statements not block people. While this people from his Twitter ac- discriminating based on view- by the President of the United limits the @realDonaldTrump By Steve Lackmeyer count think other elected offi- point. States.” The president used the account from being able to The Oklahoman, Oklahoma City cials cannot block people. This But most elected officials are account to announce the nomi- block people, the reasoning is wrong. Almost all elected legislators and not even a part nation of the new FBI director doesn’t apply to almost any OKLAHOMA CITY - While grabbing a quick breakfast officials can block people from of the executive branch. They and his new ban on transgen- other elected official (most of their Twitter accounts and not almost always created these der individuals in the military. which are legislators). Even Monday, I had a chance to overhear a familiar comment violate the First Amendment. accounts long before they Given these facts the 2nd Vice President Pence has not made by a customer while ordering. She previously lived The part that is missed is were in office as their personal Circuit Court of Appeals found used his account in the same in Virginia, but moved to Oklahoma City because “it’s the first five words of the First account. Even a campaign ac- that the president had chosen way that Trump has and could friendly.” Amendment _ “Congress shall count would still be private, to transform his personal ac- still block people. make no law.” It was designed not a government account. The count into the official govern- It is possible the 2nd Circuit And on the same morning, Lt. Gov. Matt Pinnell, who to limit what laws Congress First Amendment only limits ment account of his office as decision will apply to some is working to rebrand the state and promote tourism, ob- could create. In doing so it also the laws that Congress passes president. This means that he state governors and other state served the warm greeting given over the weekend to for- limits the executive branch as as a body, it does not limit i is no longer able constitution- executive branch officials. It mer Thunder player Paul George and commented on social its relevant authority is derived dividual members of the legis- ally to block people from re- will turn on whether those offi- from the laws passed by Con- lature. You have no right, for sponding to his tweets based cials used their Twitter account media “T still think Ray Ackerman was right when he tried gress. The First Amendment instance, to invade the home of on viewpoint. as the official account of their to brand OKC ‘The Big Friendly."” thus stops executive officials a congressman to protest some The problem for the 2nd office, such as announcing of- The tag has never been embraced by the Greater Okla- in their official capacity from issue _ that is their property. Circuit is when did this occur? ficial decisions and designat- limiting speech they don’t like, The story becomes a bit By what act did the president ing the accounts as their “of- homa City Chamber, the Convention and Visitors Bureau but doesn’t stop individuals more complex for the accounts transform his previous private ficial” accounts of their office. or the folks at City Hall. But maybe because it never found acting in their private capacity. of the president and vice presi- account into the public one of But almost all elected of- any organized support, or maybe because of the lack of For official government ac- dent. They are a part of the ex- his office? Merely speaking ficials are in the legislature, any other nickname, the tag has found an audience with counts, for instance @White- ecutive branch and so are lim- about his official acts through either federal or state, and as House or @DepofDefense, ited in their official acts by the the account isn’t enough. The such their Twitter accounts national media and among some locals. upon creating that account the First Amendment. The official 2nd Circuit isn’t exactly clear cannot possibly be limited by The attempted nickname has plenty of detractors, how- government creates a desig- accounts of the president, for as to when this happened. The the First Amendment. There ever, and quite a few locals wonder about the backstory. nated public forum in which instance @POTUS, are gov- fact that the account was creat- was no law upon which such Ackerman, who died in 2012, was a legendary local ad people are allowed to response ernment accounts created and ed before Trump was president accounts base their authority, man and civic leader whose career included creating the to the tweets issued by these set up as a designated public and will likely continue as a and so the First Amendment official accounts. If the gov- forum by the government and private account after he leaves simply doesn’t apply. iconic B.C. Clark’s Christmas jingle and the “Thank Heay- emment were to block people thus the government is limited is a strong factor suggesting en for 7-Eleven” campaign. from responding to these ac- by the First Amendment. the 2nd Circuit may be wrong Devin Watkins is an attorney Ackerman was quick to note the idea first belonged to counts because the govern- But what about @realDon- and that other courts may de- for the Competitive Enterprise ment didn’t like their opinions, aldTrump, is that an official cide the same issue differently. Institute. He wrote this for In- friend and fellow civic leader Lee Allan Smith. it would be engaged in view- account? Trump acknowl- But, at least for Trump, it sideSources.com. Ackerman pushed hard for “The Big Friendly” during point discrimination that is edged that he uses the account doesn’t matter as the 2nd Cir- the state’s Centennial celebrations in 2007 and shared his Officials who block people on social pitch in 2007 with The Oklahoman: “Oklahoma City needs a brand -- a slogan, if you will -- to serve our promotional needs like ‘The Big Apple’ (New York City), “The Big Easy’ (New Orleans), ‘Music City’ (Nashville) and ‘Virginia is for Lovers’ serve those cities media violate the First Amendment and state,” Ackerman explained. By Daniel Ortner stead, she uses her “private” traditional letters. A politi- agreed that the “interactive “The Big Friendly’ would serve Oklahoma City per- InsideSources.com Twitter account (@aoc) to cian who blocked this kind component” of a social me- communicate with constitu- of constituent expression dia account is a public fo- fectly! Hardly a week goes by that The Oklahoman doesn’t In the social media age, ents, debate matters of pub- would be violating not only rum, and that public officials print something from a recent visitor talking about a super- numerous politicians have lic policy and engage with the constituent’s right to free cannot block critics just for friendly experience they had while visiting here. Friendly come under fire for blocking other elected officials. These speech but also their right to expressing viewpoints they people are important to those selecting a location for a new critics from following them tweets are often highly news- petition their elected officials disagree with. Most notably, plant, a city for a convention or a destination for a vaca- on Twitter. The latest is Rep. worthy. For instance, Ocasio- for redress. So why should the 2nd Circuit Court of Aj tion.” Alexandria Ocasio-Cortez Cortez and President Trump an elected official be allowed peals found that Trump vio- Oklahoma City is indeed known among some for the of New York, who recently recently got into a debate to stop critics from visiting lated the First Amendment by settled a lawsuit brought by on Twitter over whether he her social media accounts or blocking individuals from his friendliness of its people. But branding experts, time and Dov Hikind, a former elected had engaged in impeachable from responding to her on- @realDonaldTrump Twitter time again, have told me the idea is not the best fit for assemblyman from Brook- conduct _ a matter of clear line posts? Of course, Twitter account. The court noted that Oklahoma City, that it doesn’t really adequately represent lyn. Following the settle- public concern, especially itself is not a public forum. “the Account is one of the our community. ment, Ocasio-Cortez offered given that Ocasio-Cortez is It is entitled to shutdown White House’s main vehicles They won't say it, so I will. The criticism of “The Big a forthright apology. “Mr. Hi- one of the 435 people in the speech that it disagrees with for conducting official busi- Friendly” falls into two categories. Some believe it’s like kind has a First Amendment country who voted on articles for any reason at all since the ness” and that it accordingly right to express his views of impeachment. Elected of- First Amendment only ap- was not merely the presi- saying “the girl isn’t that pretty, but she’s very friendly.” and should not be blocked ficials use social media as a plied to government actors. dent’s private account. Be- The other side will note that maybe we're not so friendly for them,” she said. “In ret- megaphone to amplify the But that does not extend to cause Trump employs his so- when it comes to some of the politics of our state, the rac- rospect, it was wrong and reach of their voices. Ocasio- elected officials hosting a cial media accounts as a place ist and bigoted comments and actions expressed by some improper and does not reflect Cortez’s Twitter account has public forum on the platform. for public discourse, he could lawmakers and the willingness to look the other way when the values I cherish. I sin- 5.8 million followers. Trump Another real world analogy not engage in viewpoint dis- it comes to poverty, mental health and education. cerely apologize for blocking has 66.7 million. Once a pri- might help. The owner of an crimination and block critics. Mr. Hikind.” You won’t hear vate citizen takes the step auditorium can refuse to host The same standard would The chamber did take a serious look at the nickname me saying this very often, to become a public official, political events altogether almost certainly apply to when it was first proposed a dozen years ago. Back then, I but Ocasio-Cortez is exactly their existing social media or can chose to only allow Ocasio-Cortez’s accounts. In was told the idea was tested with focus groups and did not right. Before she was elected, accounts become places for conservative speakers. But if a world where the president fare well. They concluded people don’t decide to visit a her account was private, and public discussion and de- the president comes to speak can fire a Cabinet official city because “people are friendly;” that is simply expected. she could choose to block bate where they can engage at the auditorium, the presi- or ignite a foreign conflict whomever she wanted. But with these millions of fol- dent’s team would not be al- through Twitter, it becomes Similar conclusions were reached when it came to choos- the standard for elected of- lowers. These social media lowed to take action to block increasingly important that ing a place to live or work. ficials is different. While an accounts accordingly fune- any critics from attending. everyone has access to the The nickname drew some backlash then, as now, among elected official could choose tion as a type of public forum This constitutionally signifi- public forums that elected of- those who say too many legislators have made national to keep a private social media and are covered by the First cant distinction between pri- ficials create on social media. headlines with their intolerance of minorities for the city to account genuinely private, Amendment. An analogy to vate and government action Fortunately, the First Amend- truly claim to be “The Big Friendly.” only using it to share cute cat real-world interactions might is vital to protect both private ment protects that right. Maybe “The Big Friendly” is something we can keep as- pics or family photos, that clarify the principle at stake: property rights and open ac- Daniel Ortner is an attor- piring to. In the meantime, Oklahoma City remains without is not the route that Ocasio- An elected official could not cess to public forums. Courts ney with Pacific Legal Foun- Cortez and most other elect- ban critics from stopping that have thus far considered dation. He wrote this for In- an accepted nickname. And as it continues a rather amaz- ed officials have taken. In- by her office or mailing her this issue have uniformly sideSources.com. ing, ongoing transformation, maybe that’s for the best. Have something to share? Send your letter to [email protected]