A group of Texans and a free speech advocacy group are suing Texas Attorney General Ken Paxton in federal court, accusing him of unconstitutionally blocking nine people on Twitter for criticizing him or his policies on the platform.
The lawsuit also argues that being blocked from viewing Paxton’s tweets is a violation of the First Amendment because it limits the right of people to participate in a public forum and access statements made by Paxton. The account mentioned in the lawsuit, @KenPaxtonTX, is a separate account from the official account of the Office of the Texas Attorney General.
But Paxton uses the account to make official announcements, comment on local issues and defend his policies, according to the lawsuit.
“This information is relevant not just to the residents of Texas but to Americans more generally, given the national scope of many of the matters the Texas Attorney General’s office tackles,” the lawsuit says. “Those who are blocked from the @KenPaxtonTX account are impeded in their ability to learn information that is shared only through that account.”
According to the Texas lawsuit against Paxton, one plaintiff realized they were blocked after replying to a tweet from Paxton in January about a MAGA rally with “Enjoy the fresh air before you go to prison, Kenneth!” Another Twitter user learned they were blocked after replying with “wear a mask nerd” to Paxton’s tweet with a photo of him and another person at the Conservative Political Action Conference without masks, the lawsuit states.
Paxton’s action of blocking people who criticize him appears to be widespread, and he has “blocked many other individuals from the @KenPaxtonTX account based on their viewpoints,” according to the lawsuit.
The lawsuit asks a federal court to order that Paxton’s action of blocking users based on their critical tweets violates the First Amendment. The plaintiffs are also asking for Paxton to unblock them and everyone else who was blocked from the @KenPaxtonTX account “based on their viewpoints.”
As the story notes, there was a successful lawsuit against Donald Trump for the same thing – a federal appeals court ruled that Trump violated the First Amendment when he blocked Twitter followers, on his personal account that was also used to make official announcements. The suit was ultimately mooted by SCOTUS following Trump’s electoral loss and banishment from Twitter, so the issue isn’t fully resolved. It sure sounds to me like these plaintiffs have a strong case, though. Paxton is also involved in a separate fight with Twitter, because that’s the world we live in these days. I will of course keep an eye on this. The Chron has more.