Victory in the Second Circuit on Trump Twitter lawsuit

Clown imitates icon.

“The First Amendment does not permit a public official who utilizes a social media account for all manner of official purposes to exclude persons from an otherwise-open online dialogue because they expressed views with which the official disagrees. … Once the President has chosen a platform and opened up its interactive space to millions of users and participants, he may not selectively exclude those whose views he disagrees with.”

— Barrington D. Parker, U.S. Court of Appeals for the Second Circuit

Yesterday the U.S. Court of Appeals for the Second Circuit decided in our favor in Knight Institute v. Trump, upholding the decision of from the U.S. District Court that President Trump violating the First Amendment by blocking me and six other plaintiffs on Twitter. The decision was unanimous among the three judges (two appointed by Republicans, one Democrat), who heard oral arguments in March (available in video here).

In ruling that Trump can't block people on Twitter, the 2nd Circuit said the First Amendment stands for the concept that "the best response to disfavored speech on matters of public concern is more speech, not less." We agree!

— EFF (@EFF) July 9, 2019

Here is some of the coverage.

• New York Times: “Trump Can’t Block Critics From His Twitter Account, Appeals Court Rules“
• Politico: “Judges: Trump violates First Amendment when he blocks Twitter critics“
• Washington Post: “President Trump cannot block his critics on Twitter, federal appeals court rules“
• Haaretz (Reuters): “Trump’s Blocking of Twitter Foes Is Unconstitutional, U.S. Appeals Court Rules“
• El País: “Trump ya no puede bloquear a sus críticos en Twitter“

More to come.

I was interviewed for a (paywalled) Times Higher Education article, “US university professor helps beat Trump on Twitter blocking,” saying:

“I often don’t read his tweets before replying. The point is not to have a dialogue with him, but to engage with the millions of people who read his tweets. … When I have a popular reply it can be viewed by 100,000 people or more, which, while small in the grand scheme, is very satisfying as an individual act of resistance.”

The article concludes:

But the professor acknowledged that some of his friends regard his approach as a waste of time, “playing into Trump’s hands, sinking to his level, fueling the outrage industry without advancing the cause of improving democracy through civil discourse. And honestly, they may be right,” he said. “We each have to respond in our own way to what, for many, is a deeply distressing turn of events.”

Much more important than my tweets is the effect of the case on the legal protections for democracy. I share the optimistic take by Jameel Jaffer, the executive director of the Knight Institute and the lawyer who delivered the oral argument in the Second Circuit:

“Public officials’ social media accounts are now among the most significant forums for discussion of government policy. This decision will ensure that people aren’t excluded from these forums simply because of their viewpoints, and that public officials aren’t insulated from their constituents’ criticism. The decision will help ensure the integrity and vitality of digital spaces that are increasingly important to our democracy.”

(The whole team at the Knight Institute has been amazing and I’m deeply grateful.)

I also gave this interview to ABC News streaming show Briefing Room, and offered this summary off the cuff:

This is exactly what we were hoping for. Trump and the Department of Justice that’s representing him had argued that when Trump tweets, they acknowledge, that’s official business, but when he blocked people they said that was his personal preference and his personal behavior. And it’s really new territory because increasingly government official are communicating with the public on these private platforms, and we have to do some work to bring the First Amendment to bear in these environments. The principle here is that if the government, or a government official, establishes what’s called a public forum, then they can’t exclude people from that forum on the basis of their views. So Trump can have a private party, he can have a campaign rally, he doesn’t have to let every person in the world walk into the White House – but if he puts up a sign that says, “Public Debate Happening Here,” then he can’t say, “Oh, by the way, only Republicans can come.” And that’s what the court found he’s doing essentially with his Twitter feed when he blocks people, and creates this false impression that, you know, he has the biggest crowds and everybody loves him.

Here’s the clip:

The next step is to see whether Trump appeals, in which case he can either ask for a review by the full panel of the Second Circuit, or go up to the Supreme Court. We’re supposed to hear within 90 days.

The news office at Columbia, host of the Knight First Amendment Institute, which represents us, produced this short video on the decision:

New findings: The widening political divide over science

Gordon Gauchat published a paper in American Sociological Review in 2012 (paywalled), reporting that political conservatives in the United States lost confidence in the scientific community from the 1970s to 2010, while political liberals and moderates did not. As a result, a political divide opened up so that by 2010 conservatives had the lowest level of confidence in science.

I’ve written a short working paper that extends the trends through the 2016 General Social Survey. I find that political conservatives, Republicans, and Americans who attend religious services regularly, all demonstrate falling levels of confidence in the scientific community. Further, for the most recent period (2012-2016) educational attainment, for conservatives, is not associated with increased levels of confidence in science, except at the graduate degree level (and even there confidence is lower among conservatives). It’s as if conservative views on science are impervious to education.

I have only a few sentences about politics in the paper, but the gist of it is that this divide is bad, it undermines democracy, and plays into Trump’s authoritarian hands.

Here’s the figure showing the Republicans falling off the trust cliff: the trend in expressing “a great deal of confidence” in the scientific community, with controls, by party identification:

 And here’s the figure from the recent period, showing that conservatives have lower levels of confidence regardless of education level — and education has no relationship to confidence in science for them, up to the level of graduate degree at least.

I welcome your feedback.

The paper is here on SocArXiv, and the Stata code is here.

The Death of Truth rings true

Michiko Kakutani’s book, The Death of Truth: Notes on Falsehood in the Age of Trump, is the second-best Trump book I’ve read, second to Ta-Nehisi Coates’s We Were Eight Years in Power, more trenchant than Jonathan Weisman’s (((Semitism))): Being Jewish in the Age of Trump, and infinitely less completely wrong than Jonah Goldberg’s Suicide of the West: How the Rebirth of Tribalism, Populism, Nationalism, and Identity Politics is Destroying American Democracy (review essay). Those are the only ones I’ve read (open to suggestions).

Kakutani is a great writer, and this little book of 11 chapters in 170 small pages flies by. Since she left the New York Times, where she was book critic for many years, her Twitter feed has been a chronology of political crisis and social decay under Trump; reading it all together induces anxiety at the pace and scale of the descent, but also, surprisingly, some optimism that the situation remains decipherable with the tools of intellectual incision that Kakutani wields so well. With lots of good reviews out there, I’ll just briefly point out some things I appreciated.

Kakutani does the disturbing relevant history without histrionics. So there’s Hannah Arendt and Margaret Atwood, Adolf Hitler and Richard Hofstadter, George Orwell and Aldus Huxley, but not with facile linkages and great leaps. Also, she delves into postmodernism and its influences, but doesn’t simplistically blame postmodernism for creating the “post-truth” world (which rightfully concerns Andrew Perrin); rather she acknowledges the cynical uses to which its language may be put, including among some of its proponents, without the casual lumping of Foucault, Baudrillard, Derrida, and “multiculturalism” or “relativism,” etc., that you see so often. (One thing you know about Kakutani is that she reads a lot.) Although leftist anti-science attitudes play a role in her story (along with anti-institutionalism generally, anti-vaxxers, and so on), she has no interest in the false equivalency that, for example, blames all kinds of identity politics for injecting subjectivism into politics (the way Goldberg does so absurdly), or puts campus no-platforming on the same plane as the Iraq war.

This is an early first pass at a history of the moment, and Kakutani’s wide reading of relevant history connects tightly with the today’s news from Putin’s Russia to Wikileaks, fake news and Cambridge Analytica, to the “culture wars” debates, the “me generation” and today’s information silos, to political polarization, and the siege of journalism. You may as well read it in one sitting.

One good example: In my essay on Goldberg (now updated) I noted that he falsely described Lee Atwater’s maxim, “perception is reality” as “a cliché of the left.” I was glad to see Kakutani bring that up, in the proper context, because it is a moment that still matters. The contrast between their descriptions is telling, so I’ll lay it down here.

Goldberg writes:

“It is a cliché of the left to say that, ‘perception is reality.’ Well, the perceived reality for millions of white, Christian Americans is that their institutional shelters, personal and national, are being razed one by one. They do not like the alternatives they are being offered. Some fraction may indeed be racists, homophobes, or Islamaphobes, but most simply don’t like what they are being offered because they do not know it or because they do know it but prefer what they perceive to be theirs. And yet people like Sanders insist that resistance to their program is not just wrong but evil. The grave danger, already materializing, is that whites and Christians respond to this bigotry and create their own tribal identity politics.”

Goldberg falsely attributes the “perception is reality” approach to the left, then blames the left for making whites into racists. (With anti-Trumpists like these progressives don’t need enemies.) An accurate reading of that history in its proper context links today’s “perceived reality” to Atwater and the GOP itself, to decades of racist propaganda which the GOP generated and then gleefully weaponized. Here’s Kakutani:

“When the Republican strategist Lee Atwater observed in the 1980s that ‘perception is reality,’ he was bluntly articulating an insight about human psychology that Homer well knew when he immortalized Odysseus as a wily trickster, adept at deception and disguise. But Atwater’s cold-blooded use of that precept in using wedge issues to advance the GOP’s southern strategy – and to create the infamous Willie Horton ad in the 1988 presidential campaign – injected mainstream American politics with an alarming strain of win-at-all-costs Machiavellianism using mass media as a delivery system.” (p. 79)

My historical quibble is in the brief handling of China, where Kakutani includes Mao along with Hitler in the Orwell section on the co-optation of language. The Hitler material is excellent, and ties in well with Putin and then Trump’s big lies. But Mao’s “plan of linguistic engineering” does not fit that pattern. China was mostly illiterate, there was no mass media, and the state that was so forcefully imposing fixed terms and meanings, with simple slogans, was also expanding basic education to hundreds of millions of people, and literally reformed the language to make it more accessible, a change that still pays dividends. No need to spare China the criticism, but the early socialist years doesn’t belong in the category as advanced capitalist countries using the tools of fascism against their own democracies.

How bad is it? If Brave New World was warning us about capitalism, and 1984 was warning us about Soviet communism, as Kakutani has it, then it’s ironic that we’re now speeding toward a 1984 scenario even as the capitalist Russian kleptocracy literally parades around the White House (details on Putin’s upcoming visit to be determined). So, it’s bad. (Her conclusion, that only journalism and education can save us, is mercifully brief.) Every week is a crazy unprecedented crisis. Kakutani’s ability to get it down to an organized, linear narrative, with carefully chosen, relevant facts, makes The Death of Truth bracing and clarifying, and well worth a read.

How conservatism makes peace with Trump

 

Jonah Goldberg telling his Howard Zinn story to John Podhoretz on CSPAN.

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I  wrote a long essay on Jonah Goldberg’s book, Suicide of the West. Because it has graphs and tables and a lot of references, I made it a paper instead of a blog post, and posted it on SocArXiv, here. If you like it, and you happen to edit some progressive or academic publication that would like to publish it, please let me know! I’m happy (not really, but I will) to shorten it. There, I pitched it. Feedback welcome.

First paragraph:

This essay is a review of Suicide of the West: How the Rebirth of Tribalism, Populism, Nationalism, and Identity Politics is Destroying American Democracy, by Jonah Goldberg (Crown Forum, 2018), with a few data explorations along the way. I read the book to see what I could learn about contemporary conservative thinking, especially anti-Trump conservatism. Opposing Trump and the movement he leads is suddenly the most pressing progressive issue of our time, and it’s important not to be too narrow in mobilizing that opposition. Unfortunately, I found the book to be an extended screed against leftism with but a few pages of anti-Trump material grafted in here and there, which ultimately amounts to blaming leftism and immigration for Trump. And that might sum up the state of the anemic conservative movement. Goldberg’s own weak-kneed position on Trump is not resolved until page 316, when he finally concludes, “As much as I hold Trump in contempt, I am still compelled to admit that, if my vote would have decided the election, I probably would have voted for him” (316). In the end, Goldberg has charted a path toward a détente between his movement and Trump’s.

Against Trump’s family separation policy

The policy of separating parents from their children when they enter the country without permission has generated a spike of outrage and shock that’s actually noticeable over the background level of outrage and shock.

At the Council on Contemporary Families we don’t take formal policy positions or make partisan appeals, but the board (on which I sit) decided to organize a statement of opposition for individual family researchers and experts to sign. We passed a hundred signatories after the first few hours. You can sign it here, or view the list of signatories here. Here’s the text, and then I have a few comments.

Family Scholars and Experts Statement of Opposition to Policy of Separating Immigrant Families

We write as family scholars and experts to express our opposition to the Trump Administration policy of separating immigrant parents and children at the border as they enter the United States to seek refuge. This practice is an inhumane mistreatment of those seeking refuge from danger or persecution, and goes against international law. As scholars and experts devoted to identifying and sharing information relevant to policies to improve individual and family wellbeing, we deplore the Administration’s callous disregard of the overwhelming scientific information demonstrating the harm of separating children from their parents. This practice is known to be extremely traumatic for dependent children who stand a strong likelihood of experiencing lasting negative consequences from the sudden and inexplicable loss of their caregiver. Government should only separate children from their parents as a last resort when children are in danger of imminent harm. We urge the Administration to reconsider and reverse this policy. Although the Council on Contemporary Families (CCF) as an organization does not take partisan positions or advocate for policy, the CCF Board has decided to circulate this statement so that individual like-minded scholars and experts may join together to express their views publicly.

Comment

The policy has been a vivid showcase of human cruelty, racist political manipulation, hypocrisy, and misdirection.

The human cruelty is most important. The people working for the U.S. government that carry out this policy seem to be no more or less evil than rank-and-file Nazi concentration camp guards. They rip children from the arms of their parents — parents risking life and limb to give their children a chance at safety, or a better life — sometimes under false pretenses, and rationalize their actions as somehow in the service of social order, or the law, or the will of their superiors. Human-tip: quit your job before you follow such orders.

The racist political manipulation comes from the top, where Trump and his legions of lying liars repeat lies about illegal immigrants overrunning our borders, bringing violence and mayhem and taking American jobs and welfare. These lies find fertile ground in the consciousness of people who already don’t consider Latino immigrants to deserving of basic human rights and protections because they don’t see their humanity. Things I’ve heard on Twitter from supporters of the policy include:

• “If they were decent people, they would not be criminals“
• “AMERICA IS NOT THEIR FREE RIDE“
• “Want to not be separated from kids, than don’t commit crimes.”
• “Maybe those parents should stop using their children as pawns, and be prosecuted for child neglect.”
• “Get those illegal parasitea outta here!“
• “Freedom and safety what a joke . Free ride is more like it. Stop invading the US and you have your children full time.”
• And on and on

The hypocrisy is well represented by the invocation of the Bible to justify these atrocities, a literal chapter and verse repetition of the godless defenses of slavery, Nazism, and apartheid perpetrated by Trumpism’s (recent) ancestors. In the typical up-is-down-wrong-is-right formulation of Trumpism, Elizabeth Bruenig writes, “[Jeff] Sessions and [Sarah] Sanders radically depart from the Christian religion, inventing a faith that makes order itself the highest good and authorizes secular governments to achieve it.”

The misdirection runs beneath all Trumpism’s atrocities, in this case simply inventing a story that the current policy is the result of Democrats’ “horrible and cruel legislative agenda.” This is part of the demagoguery playbook, which predictably cycles from it’s-not-true to it’s-no-big-deal to Obama-was-worse to nothing matters. (When I tweeted a link to the statement above, a Trump supporter asked, “They do realize they’re here illegally?” and then, “So why the hard push now except to smear the President?”) “We are following the law,” said federal prosecutor Ryan Patrick, before possibly accidentally confirming, “Well, it is a policy choice by the president and by the attorney general.”

No

Patrick’s interview is a nauseating testament to how this authoritarianism is corrupting human integrity, as he describes the policy as an attempt to restore fairness to law enforcement:

“I’ve heard the attorney general say – it is not – in his estimation, it is not equitable or fair to simply, like I said, wave a wand over an entire population of crossers just because they come in in a family unit or they have a child with them and we simply ignore them on the criminal prosecution. They’re still crossing the border illegally.”

And what about the documented atrocities?

“I think some of these stories are outliers. This is not the norm. I don’t think this is a standard operating procedure on how all of the agents conduct their business. There’s going to be some situations that are going to be regrettable or that break your heart or – and it is unfortunate.”

OK, so not everyone experiences the very worst abuses. And what about the legal protections of the accused and their separated children?

“So when apprehended, if they’re a family unit, they’re given a card in English and in Spanish that has different 1-800 numbers for them to be able to contact. And there’s also a text line. There’s an email address, if they have access to those in their different holding facilities, where they can track not only their own case but also the location of their child.”

OK, so, Kafka. And about that due process for children?

“And then, when it comes to the juveniles who are in HHS custody, there are some space limitations with attorneys. At any time in the process, they can hire their own attorney.”

And finally, putting it all together: it’s not so bad, but really it’s their fault, and law and order, so.

So, obviously, there are still family units being broken up. But the average stay of those children in those facilities is less than 20 days. It would be – it would be incredibly difficult, if I was a parent, to see my child one of the situations. But at the same time, it also is difficult to wrap my mind around – and I’m not in their situation – but they’re also taking incredible risk to their own life and safety on crossing the border illegally in the way that they do, with their children, and putting them in danger.

This policy is the bad turning the blind against the innocent. It’s vile and inhumane. No one has to tolerate this system of atrocities, and that includes all of us.

Actually unblocked by Trump, as DOJ appeals ruling

We won our lawsuit on May 23, with a federal judge ruling that Trump blocking me and seven others violates the First Amendment. Now, as of June 4, I am actually unblocked by the president’s @realdonaldtrump account, as are the other plaintiffs. At the same time, the Department of Justice filed a notice of their intent to appeal the ruling to the United States Court of Appeals for the Second Circuit.

Meanwhile, an unknown number of other people remain blocked by the president. The Knight First Amendment Institute, which is representing us, has asked other people who are blocked to contact them at: info@knightcolumbia.org. I would love this case to end up extending to others blocked by Trump, and other public officials.

• See the Knight Institute for more info.
• The latest news was report by New York Times, Reuters, and Fox News, among others.
• The Trump lawsuit tag has the older posts.

We won our First Amendment lawsuit against President Trump

Federal judge Naomi Reice Buchwald ruled yesterday that the president is violating our First Amendment rights when he blocked me and six other plaintiffs for disagreeing with him on Twitter. The details and decision are available here. Congratulations and deep appreciation to the legal team at the Knight First Amendment Institute, especially Katie Fallow, Jameel Jaffer, Alex Abdo, and Carrie DeCell (sorry for those I’m missing).

I described my participation in the suit and my tweets last year here, and the oral arguments in March here.

Judge Buchwald’s introduction to the decision is great:

This case requires us to consider whether a public official may, consistent with the First Amendment, “block” a person from his Twitter account in response to the political views that person has expressed, and whether the analysis differs because that public official is the President of the United States. The answer to both questions is no.

She went on to issue declaratory relief, meaning she told the president he’s breaking the law, rather than injunctive relief (an order to act), writing:

It is emphatically the province and duty of the judicial department to say what the law is,” Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803), and we have held that the President’s blocking of the individual plaintiffs is unconstitutional under the First Amendment. Because no government official is above the law and because all government officials are presumed to follow the law once the judiciary has said what the law is, we must assume that the President and [social media director Dan] Scavino will remedy the blocking we have held to be unconstitutional.

That remains to be seen, of course (I’m still blocked at this writing).

Here are a couple of snippets of analysis.

From Wired:

“In an age when we’re seeing so many norms broken by government regarding free speech, this is an important and right decision,” says [Danielle Citron, a law professor at the University of Maryland]. “It sends a message that we’re not going to destroy free speech norms.”

[David Greene, a senior staff attorney and civil liberties director at the Electronic Frontier Foundation] says he hopes the ruling warns other elected officials who are blocking constituents on social media to stop. “We routinely get a ton of people complaining to us about similar practices,” he says. “I hope they take it as a message that you have to stop doing this.”

From the Mercury News:

“The First Amendment prohibits government officials from suppressing speech on the basis of viewpoint,” said Katie Fallow, senior staff attorney at the institute, in a statement Wednesday. “The court’s application of that principle here should guide all of the public officials who are communicating with their constituents through social media.”

Erwin Chemerinsky, dean of Berkeley Law at UC Berkeley, agrees.

“The judge followed clear law: A government official cannot give selective access of this sort,” Chereminsky said.

From the San Francisco Chronicle:

Knight staff attorney Carrie DeCell said the organization was pleased with the decision, but expects the White House to appeal. “Twitter is a new communications platform, but First Amendment principles are foundations,” DeCell said. “Public discourse is increasingly taking place online.”

DeCell said the case could have implications for all public officials using social media — not just Trump’s account. “The reasoning in the court decisions, we think, should inform public officials’ activities on our social media pages throughout the country,” she said.

My co-plaintiffs have also written on the decision. See Rebecca Pilar Buckwalter Poza in Daily Kos:

Public officials are relying on social media more and more to communicate to constituents. As that shift accelerates, it’s imperative that courts recognize that the First Amendment protects against viewpoint discrimination in digital public forums like the @realdonaldtrump account just as it does in more traditional town halls. An official’s Twitter account is often the central forum for direct political debate with and among constituents, a tenet of democracy.

and Holly Figueroa O’Reilly in the Guardian:

Twitter is as public a forum as a town hall meeting. By blocking people who disagree with him, he’s not only blocking our right to petition our government and access important information, but he distorts that public forum by purging critical voices. It’s like a senator throwing someone out of a town hall because they held up a “disagree” sign.

The New York Times also did a piece on other people Trump blocked (the public doesn’t know how many such people there are), one of whom called the decision “incredibly vindicating.”

I agree. The decision is a breath of democracy fresh air.

Breaking: In 2017 names, Donald, Alexa, and Mary plummet; Malia booms

Time to update name trends, with the release of the 2017 data files from the Social Security Administration.

My hot take: Mary is back on the skids; Donald is going down, Alexa is over, and Malia shows that the resilience of humanity is not. Here are the details.

In Enduring Bonds I extend the Mary trend back to 1780, using Census data as well as Social Security records (and now is [always] an excellent time to get a review copy and consider it for your classes). The story is the mother of all naming trends, an unparalleled decline in name popularity, reflecting both the decline of conformity as an aesthetic and changes in how people see religion, parenting, and lots of other things. Then, for a couple years — 2013-2015 — it looked like maybe all the attention I gave the fate of Mary had prompted a revival, but now things are looking even bleaker than before, down another 4.3%. Here’s an updated version of the chart from the book:

Meanwhile, the decline of The Donald has taken on a new urgency. Although the name has been taking for a long time (its association with unpleasant character didn’t start in 2016), but last year’s decline was impressive, at -4.3%. Not a cliff, but a solid slide (this one’s on a log scale so you can see the detail):

You have to feel for people who named their daughters Alexa, and the Alexas themselves, before Amazon sullied their names. Did they not think of the consequences for these people? In the last year Alexa essentially ended as a (human) name, possibly the worst two-year case in U.S. history of name contamination. [Correction] Another bad year for Alexa. After a 21.3% drop in 2016, another 74% 19.5% last year:

Finally, someone better tell the deplorables to start naming their daughters Ivanka, because in 2017 about nine-times more people are named their daughters Malia (1416) than Ivanka (167). Malia, up 15.4% last year:

On my OSF project I’ve shared the names data, the Mary code (Stata), and SAS code for making individual name trends. The whole series of posts is under the names tag.

Trump Twitter suit argued in federal court

My showing how I’m blocked by Trump on Twitter. Photo by Miesha Miller.

With updates.

Yesterday in the U.S. District Court for the Southern District of New York, lawyers from the Knight First Amendment Institute and the Department of Justice argued the lawsuit against President Trump and his staff for blocking us on Twitter, in which I’m a plaintiff.

After the two-hour hearing, just like in Law and Order, the news media met us with cameras and microphones as we came down the stairs of the courthouse, and I realized I hadn’t prepared what I would say. The first questions focused on a suggestion by the judge that Trump should just mute his critics on Trump instead of blocking us. Was this the solution? I hadn’t had time to consider it carefully, and we haven’t received any kind of settlement offer. So I said this:

Honestly I don’t know if muting is really the solution. But if all they really care about, which they say, is that he just doesn’t want to hear from us, then he would mute, but obviously he wants to suppress our speech. Obviously he doesn’t want us to be participating in the forum. He wants to look out at the world on Twitter, and see that everybody agrees with him and everybody thinks he’s great – and the fact is that’s not true – and that’s why he blocks us. He literally blocks us so that we won’t be seen to be expressing our views against him, and I think that’s outrageous and I’m glad that it’s apparently illegal.

Here are a few media links.

Columbia Journalism Review: In downtown New York, a First Amendment fight over Trump’s tweets

“I never thought he would block me. I tweeted at him all the time,” Cohen told CJR outside court. He’d just watched attorneys from the Knight First Amendment Institute tell a federal judge that in blocking Cohen because he didn’t like his tweet, the president had engaged in unconstitutional discrimination based on viewpoint. The Knight Institute, which is based at Columbia University, is representing Cohen and six other plaintiffs—a surgeon, a comic, a musician-activist, two writers, and a police officer—in a bid to qualify Trump’s Twitter as a public forum; part of a broader push to protect the First Amendment from a president who clearly does not respect it.

New York Times:  Judge Floats Idea to Settle @realDonaldTrump Twitter Blocking Case

A federal judge in Manhattan had plenty of questions for lawyers representing a group of Twitter users who sued President Trump in July after he blocked them on the social media service. And she had even more for the government.

The seven users, who had been blocked by the @realDonaldTrump account after criticizing the president, were joined in the lawsuit by the Knight First Amendment Institute at Columbia University. Their lawyers claimed that Mr. Trump’s Twitter feed is an official government account and that blocking users from following it was a violation of their First Amendment rights.

Lawyers from the Department of Justice insisted that the Twitter feed was not, in fact, a public forum. Furthermore, they argued, no one had been meaningfully excluded from it.

Courthouse News, with the courthouse steps statements:

New York City Fox 5 news, with some followup interviews:

Agence France Press, published by Daily Mail: Twitter-blocked by Trump? Judge hears ‘free-speech’ case

Philip Cohen, a sociology professor at the University of Maryland, said he was summarily blocked in June 2017 after he reacted to a Trump tweet by replying with a photo of the president superimposed with the words “Corrupt Incompetent Authoritarian”.

“At first I was kind of proud, like ‘oh he cares about me,'” Cohen said.

“But then very quickly I realized that a lot fewer people were seeing my tweets and my political efficacy, my ability to speak to my fellow citizens, was impaired by that. And I think that’s not the way our government should act.”

New York: The Newest Frontier in Jurisprudence is Trump’s Twitter Feed

What’s private catharsis for the rest of us can be rightly seen as government retaliation when it’s a public official who goes on a blocking spree.

And a photo by Scott Matthews:

Photo by Scott Matthews.

These are just a few clips, mostly my scrap-booking for the day. I’ll write more later. Read all the case documents and statements, including those of the other plaintiffs, from the amazing Knight First Amendment Institute here.

Family Inequality year-end review

It’s been another year online. Here’s my report. Feel the excitement, because it’s 2017.

This year I only wrote 54 Family Inequality blog posts, down from 77 last year; the 2010-2016 average was 130 per year. On the plus side, despite a 30% decline in posts, I only had a 7% decline in visits to the blog. Thanks!

On the third hand, while the blog had a little less than 300,000 visits this year (down from a peak of 428,000 in 2015), my tweets had more than 25 million views in 2017, according to Twitter analytics. Yikes. The peak in Twitter hits was May, with 4.8 million views. President Trump blocked me on Twitter on June 6, and I haven’t hit more than 2 million views in a month since. Who among us a year ago could have predicted our current relationship to the president of the United States (and his truth-and-soul crushing army of minions)? Our lawsuit against the president and his staff proceeds; the latest news is posted here.

The big blog news for the year is actually offline, the publication of my new book, Enduring Bonds: Inequality, Marriage, Parenting, and Everything Else That Makes Families Great and Terrible. I selected the best of the 900 blog posts on here, then revised them, updated them, and combined and organized them. The result is eight chapters of surprisingly (to me) fresh essays. I’m super happy with it, and hope you (and maybe your students) are, too. Order an exam copy or buy it from University of California Press or Amazon.

So here are the top 10 blog posts written this year:

1. Prince Charles and Princess Diana height situation explained. I’ve been covering this issue since 2010, because someone has to. It finally got the attention it deserves with this, my most blockbuster tweet ever, so I wrote a post putting it all together. Yes, they really were the same height.

2. Demographic facts your students should know cold. This one led to lots of good discussion about teaching and learning demography in relation to other subjects, fake news, and so on.

3. More bad reporting on texting and driving, and new data. For years the New York Times has been publishing hysterical pieces about texting and driving, apparently in the service of selling Matt Richtel’s book. When David Leonhardt jumped with more nonsense in I updated my series. (Also, don’t text and drive.)

4. Sexual harassment: Et tu, Sociology? My colleague Liana Sayer and I made an offer. If you have first-hand knowledge of sexual harassment in sociology, tell us about it. We’ll collect information and report on it. Some people have contacted us. I hope more will. We’ll report back as we can.

5. Kids these days really know how to throw off a narrative on gender and families. What’s going on with young men’s gender views? Trying to tell the story as new data comes out (with code).

6. How I choose sides like it’s 1934. If I’m wrong — a false-positive read on the catastrophicness of the situation — that’s a better mistake to make than the false-negative mistake of not taking Trumpism and all this seriously enough until it’s too late.

7. Teaching Black family history in sociology, student resistance edition. A teachable moment about a teaching moment, about what happened to Black families during slavery, and how that relates to the present.

8. Race/ethnicity and slacking at work. Does new research show Black workers slack off more, and is working harder for the man really a sign of good character? Modern economics and a history lesson from Robin D. G. Kelley.

9. Marriage update: less divorce, and less sex. Married Americans are having less sex, and divorcing less. Go figure!

10. On artificially intelligent gaydar. My problems with that paper demonstrating a method of identifying sexual orientation from people’s profile pictures.