Photo: Jaap Arriens/NurPhoto via Getty Images

President Trump violated some of his critics’ First Amendment rights when he blocked them on Twitter, a federal judge ruled today, explaining Trump should have muted them instead.

The big picture: It’s unconstitutional for the government to discriminate against speech based on its content, and the court said that’s exactly what happened here — because Trump and his administration use @realDonaldTrump to carry out the duties of the president, and users were blocked because of their critical replies to Trump’s tweets.

The details: “The President presents the @realDonaldTrump account as being a presidential account as opposed to a personal account and, more importantly, uses the account to take actions that can be taken only by the President as President,” Judge Naomi Reice Buchwald wrote.

  • She cited specific examples of Trump using his Twitter account to fire Cabinet officials and announce new public policy.
  • Citizens’ ability to reply to those announcements and participate in the ensuing conversation is protected by the First Amendment, Buchwald said.

Mute your haters: The Trump administration argued that Trump should be able to block people whose speech he doesn’t want to listen to. But he could mute them instead, which would preserve their ability to participate in the thread of replies that follow Trump’s tweets, Buchwald said.

Go deeper

Supreme Court rejects GOP push to cut absentee ballot deadline in N.C.

Photo: Robert Alexander/Getty Images

The Supreme Court on Wednesday rejected an attempt by conservatives to shorten North Carolina's deadline for mail-in ballots from nine to three days.

The big picture: This is the latest of a series of decisions over mail-in ballot deadlines in various states.

Hurricane Zeta makes landfall on Louisiana coast as Category 2 storm

A satellite image of Hurricane Zeta. Photo: National Hurricane Center/NOAA

Hurricane Zeta made landfall along the southeastern coast of Louisiana as a Category 2 storm on Wednesday, bringing with it "life-threatening storm surge and strong winds," per the National Hurricane Center.

What's happening: The hurricane was producing maximum sustained winds of nearly 110 mph and stronger gusts.

Updated 1 hour ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Politics: Biden ahead in Wisconsin, Michigan as cases surge in the Midwest.
  2. Health: Surge "is real" and not just caused by more tests, Trump's testing czar saysMask mandates help control rise in hospitalizations Some coronavirus survivors have "autoantibodies."
  3. Business: Surge is sinking consumer confidence Testing is a windfall.
  4. World: Europe faces "stronger and deadlier" coronavirus wave France imposes lockdown as Macron warns of overwhelming second COVID wave Germany to close bars and restaurants for a month.
  5. Sports: Boston Marathon delayed as COVID-19 surges MLB to investigate Dodgers player who joined celebration after positive COVID test.

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