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President Trump Loses — Government Can’t Block Critics on Social Media In a long-awaited ruling, the Second Circuit has found that the replies section on President Trump’s Twitter @realDonaldTrump is a public forum and that the President cannot block his critics from reading his tweets or participating in the forum merely because his dislikes the views they express. This ruling, along with two previous federal appellate court decisions, directly affects thousands of government social media accounts across the country. Government officials and agencies who operate their social media accounts as public or non-public forums must not delete comments or block users because the officials disagree with the viewpoints expressed. The President and his advisors had admitted earlier in the case that they blocked the plaintiffs because they disagreed with the viewpoints they expressed in their replies. As a result, the case addressed only the issue of viewpoint discrimination, and not any ...

Senator Wyden Leads on Securing Elections Before 2020 Sen. Ron Wyden’s new proposal to protect the integrity of U.S. elections, the Protecting American Votes and Elections (PAVE) Act of 2019, takes a much needed step forward by requiring a return to paper ballots. The bill forcefully addresses a grave threat to American democracy—outdated election technologies used in polling places all over the country that run the risk of recording inaccurate votes or even allowing outside actors to maliciously interfere with the votes that individuals cast. The simple solution: paper ballots and audits of paper ballots. EFF along with security experts have long-supported this approach—arguing that the gold standard for security of our election infrastructure is paper ballots that are backed by risk-limiting audits (an audit that statistically determines how many votes need to be recounted in order to confirm an election result). As Sen. Kamala Harris, one of the fourteen co-sponsors the bi...

EFF Files Freedom of Information (FOIA) Request for Submissions to the White House’s Platform Moderation Tool When social media platforms enforce their content moderation rules unfairly , it affects everyone’s ability to speak out online. Unfair and inconsistent online censorship magnifies existing power imbalances, giving people who already have the least power in society fewer places where they are allowed a voice online. President Donald Trump and some members of Congress have complained on Twitter that the people most silenced online are those who share the President’s political views. So the White House launched this week a website inviting people to report examples of being banned online because of political bias. The website leads users through a series of forms seeking their names , citizenship status, email address, social media handles, and examples of the censorship they encountered. People are required to accept a user agreement that permits the U.S. government to...