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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

GOP Rep. Clay Higgins says he has COVID for second time

Rep. Clay Higgins during a 2019 House Oversight and Reform Committee hearing on Capitol Hill. Photo: Tom Williams/CQ Roll Call

Rep. Clay Higgins (R-La.) Sunday evening that he and his wife have contracted COVID-19 for a second time and "this episode is far more challenging."

Driving the news: "Becca and I had COVID before, early on, in January 2020, before the world really knew what it was," he wrote in a Facebook post, confirming his son also has the coronavirus — which he described as a "biological attack weaponized virus."

Updated 1 hour ago - Sports

Olympics dashboard

📺: The Olympic events to watch today; Olympics opening ceremony ratings plunge

🏊: Athlete spotlight — Katie Ledecky adds to Games career medals haul; Caeleb Dressel leads Team USA to gold.

🏀: U.S. Men's basketball suffers first Olympic loss since 2004

🤖: The robot Olympics

🚨: Heat wave brings scorching temperatures to Tokyo Olympics

🎤: Meet the new faces of NBC's Olympics coverage

Go deeper: Full Axios coverage

2 hours ago - Sports

Olympics opening ceremony ratings fall to 33-year low

Wally Skalij /Los Angeles Times via Getty Images

Ratings for the Olympic Games opening ceremony were down 36% compared to 2016, according to preliminary numbers from NBC Universal. 

Why it matters: The figures for the Tokyo Games event mark the lowest audience for an Olympics opening ceremony event in over three decades, per Reuters.

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