The dissent further contends that “the panel decision blurred the line between
actions by public officials in the performance of their official duties and actions ‘in the
ambit of their personal pursuits.’” Dissent at 5. This ignores the detailed discussion the
panel provided concerning the “substantial and pervasive government involvement
with, and control over,” the Account. Knight, 928 F.3d at 235. That discussion noted that
the President and his staff use the Account as an official channel of communication with
the public on matters of public concern. Press Secretary Sean Spicer confirmed that the
President’s tweets are official statements of the President. White House staff members
are involved in the drafting and posting of tweets to the Account, and the National
Archives and Records Administration requires the preservation of the President’s
tweets as official records under the Presidential Records Act. Id. None of this is in
dispute.
The dissent states that because “blocking” is a feature available to all users, it
cannot be state action. Dissent at 3. The panel addressed this argument when the
Appellants made it, and the dissent’s reiteration breaks no new ground. See Knight, 928
F.3d at 235‐36. What the dissent never seriously engages with is that when the President
blocks users, he blocks them from access to, and interaction with, an official account.
The decision was careful to address the areas that generate the dissent’s anxiety.
We did not consider or decide whether a public official violates the Constitution by
excluding persons from a personal, private social media account. Nor did we decide
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