05-21-2020, 02:35 PM
(05-21-2020, 01:23 PM)Mick Wrote:(05-20-2020, 05:08 PM)82 Card Wrote:(05-20-2020, 04:46 PM)oldalum Wrote:(05-20-2020, 03:43 PM)82 Card Wrote: If Trump is on official duty, the state law would not apply to him.Why is that?
Sovereign immunity. Unless the Federal government says that local laws will apply to it, they don't. There are lots of laws that waive sovereign immunity, such as Clean Air Act and Clean Water Act. In the absence of such waiver, local laws cannot be applied to the Federal government. This includes officials of the Federal government acting in their official capacity. It does not include officials of the federal government acting in their personal capacity. For example, it would not apply to the private business dealings of a Government Official, no matter how high they may be.
Currently under legal contest: whether Trump (and AOC for that matter) may block Twitter users that they dislike. Twitter is a private platform, but is temporarily public if a government official uses it to express official views. Trump's view (and presumably AOC's view) is that he is sharing his private opinions, hence, his opinions are protected free speech. Others feel differently.
https://www.abajournal.com/news/article/...statements
The DOJ considers Trump's tweets to be official presidential statements. Trump's (and AOC's) tweets may be protected speech. But I don't see how that gives him or AOC the right to block others, who share the right to restrict others from exercising their rights to petition the government.
BC