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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

By the numbers: Where the earmarks are wanted

Expand chart
Data: House Committee on Appropriations; Chart: Danielle Alberti/Axios

The Dallas-Fort Worth area is being targeted for the largest collective earmark request in the country, according to a detailed breakdown of overall requests released by the House Appropriations Committee.

Why it matters: House appropriators are trying to balance bipartisan momentum for infrastructure investment with "pork-barrel" spending's checkered political history. The data dump is an effort to provide transparency for what are now termed "community project funding" requests.

Democrats open to user fees for infrastructure deal

President Biden sits Thursday with Sen. Shelley Moore Capito (R-W.Va.) as they discuss his $2.3 trillion infrastructure proposal. Photo: T.J. Kirkpatrick/The New York Times/Bloomberg via Getty Images

Some Senate Democrats are open to paying for a compromise infrastructure package by imposing user fees, including increasing the gas tax and raising money from electric car drivers through a vehicle-miles-traveled charge.

Why it matters: By inching toward the Republican position on pay-fors, some Democrats are bucking President Biden's push to offset his proposed $2.3 trillion plan by focusing only on raising taxes on corporations and the wealthy.

Progressive legal advocacy group spinning off from sponsor

Illustration: Annelise Capossela/Axios

A leading progressive legal advocacy group is spinning off from the sprawling dark money network that seeded it, the group tells Axios.

Why it matters: Demand Justice's decision to separate from the Sixteen Thirty Fund, a "fiscal sponsor" for scores of largely left-wing organizations, will provide the public with its first detailed look behind the curtain of the influential progressive nonprofit.

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