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US Supreme Court’s Social Media Clash Evokes Trump’s Use of Twitter

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(Bloomberg) — The US Supreme Court debated whether public officials can be sued for restricting access to their social media feeds in cases that evoked former President Donald Trump’s efforts to block people from his Twitter account.

Hearing the first of several social media clashes in their 2023-24 term, the justices on Tuesday weighed how the First Amendment’s free speech protections apply when government officials use their private accounts to discuss public business.

Trump was conducting “a lot of government on his Twitter account,” Justice Elena Kagan said. “It was an important part of how he wielded his authority, and to cut a citizen off from that is to cut a citizen off from part of the way that government works.”

The clash will affect the rights of what Justice Brett Kavanaugh, whose wife works as a town manager, described as a “vast number of government officials around the country at the local, town, city level.” The cases will also shape how much access citizens have to officials who rely on private accounts to communicate with the public.

“There are First Amendment interests all over the place,” Kagan said.

A lawyer representing two members of a San Diego-area school board said discussions on private social media accounts were akin to conversations officials might have at church or on the campaign trail — places where they generally aren’t constrained by the First Amendment.

“President Trump could have done exactly the same thing from Mar-a-Lago or a campaign rally,” said the lawyer, Hashim Mooppan.

Facebook Pages

Mooppan’s clients, Michelle O’Connor-Ratcliff and T.J. Zane, set up Facebook and Twitter pages during their 2014 campaigns, then continued using the sites to talk about school issues after winning election and taking their seats. They set up their pages so that their posts were open to comment by members of the public.

Two of their constituents, Christopher and Kimberly Garnier, left frequent comments criticizing the board over racial issues and alleged financial wrongdoing by a top school official. O’Connor-Ratcliff and Zane began hiding or deleting the Garniers’ comments before eventually blocking them.

The Garniers’ lawyer, Pamela Karlan, said a ruling for the school board “would have devastating consequences for the public because they would be denied access to the sites on which their officials are talking to them and asking for their reactions.”

The second case concerns James Freed, who was hired in 2014 to serve as the city manager of Port Huron, Michigan. Freed used his Facebook page to post both family and professional information. His posts in 2020 about the Covid-19 pandemic drew a series of critical comments from Kevin Lindke, whom Freed eventually blocked.

The central question for the Supreme Court is whether the social media activity constitutes “state action,” making it subject to the First Amendment.

Blocking people from otherwise public Facebook pages means they can’t comment on posts but can still view them. Blocking users on X, as Twitter is now known, means they can’t see the account while logged in.

‘Private Property’

Federal appeals courts reached opposite conclusions in the two cases. The San Francisco-based 9th US Circuit Court of Appeals said the two school board members violated the First Amendment, while the Cincinnati-based 6th Circuit tossed out Lindke’s lawsuit against Freed.

The Biden administration is backing the government officials, characterizing the Facebook and Twitter feeds as “private property.”

“If the defendant denies access to her own personal property, she’s probably acting in her capacity as a private property owner, not as an agent of the state,” Justice Department lawyer Sopan Joshi said.

Several members of the court questioned whether that distinction made sense in the real world. “It seems to me you want to set up strong rules that make nothing state action,” Justice Sonia Sotomayor told a different Justice Department lawyer, Masha Hansford.

Justice Ketanji Brown Jackson suggested government officials seeking to avoid First Amendment scrutiny should include a “clear disclaimer” indicating they were posting on social media in their personal capacity. “How else are we supposed to know?” she asked.

Facebook Looming

Justice Clarence Thomas said the discussion of private property was missing a key element — the social media companies.

“Looming in the background is the power of Facebook itself to block these accounts,” Thomas said. “What’s curious to me is there’s that elephant in the room and we decline to discuss it in the context of private property.”

Trump faced similar legal issues while president when he blocked critics from following his Twitter account. A federal appeals court ruled against Trump, but his 2020 reelection defeat meant the case lost its practical impact before the Supreme Court could get involved.

The Supreme Court in its 2023-24 term is also reviewing a ruling that would restrict contact with social media companies by the White House and agencies including the Federal Bureau of Investigation. In addition, the court is considering the constitutionality of Republican-backed Florida and Texas laws that would sharply restrict the ability of the largest social media platforms to police political misinformation.

The cases are O’Connor Ratcliff v. Garnier, 22-324, and Lindke v. Freed, 22-611.

–With assistance from Emily Birnbaum.

(Adds additional comments from argument starting in 15th paragraph.)

 

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Trump could cash out his DJT stock within weeks. Here’s what happens if he sells

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Former President Donald Trump is on the brink of a significant financial decision that could have far-reaching implications for both his personal wealth and the future of his fledgling social media company, Trump Media & Technology Group (TMTG). As the lockup period on his shares in TMTG, which owns Truth Social, nears its end, Trump could soon be free to sell his substantial stake in the company. However, the potential payday, which makes up a large portion of his net worth, comes with considerable risks for Trump and his supporters.

Trump’s stake in TMTG comprises nearly 59% of the company, amounting to 114,750,000 shares. As of now, this holding is valued at approximately $2.6 billion. These shares are currently under a lockup agreement, a common feature of initial public offerings (IPOs), designed to prevent company insiders from immediately selling their shares and potentially destabilizing the stock. The lockup, which began after TMTG’s merger with a special purpose acquisition company (SPAC), is set to expire on September 25, though it could end earlier if certain conditions are met.

Should Trump decide to sell his shares after the lockup expires, the market could respond in unpredictable ways. The sale of a substantial number of shares by a major stakeholder like Trump could flood the market, potentially driving down the stock price. Daniel Bradley, a finance professor at the University of South Florida, suggests that the market might react negatively to such a large sale, particularly if there aren’t enough buyers to absorb the supply. This could lead to a sharp decline in the stock’s value, impacting both Trump’s personal wealth and the company’s market standing.

Moreover, Trump’s involvement in Truth Social has been a key driver of investor interest. The platform, marketed as a free speech alternative to mainstream social media, has attracted a loyal user base largely due to Trump’s presence. If Trump were to sell his stake, it might signal a lack of confidence in the company, potentially shaking investor confidence and further depressing the stock price.

Trump’s decision is also influenced by his ongoing legal battles, which have already cost him over $100 million in legal fees. Selling his shares could provide a significant financial boost, helping him cover these mounting expenses. However, this move could also have political ramifications, especially as he continues his bid for the Republican nomination in the 2024 presidential race.

Trump Media’s success is closely tied to Trump’s political fortunes. The company’s stock has shown volatility in response to developments in the presidential race, with Trump’s chances of winning having a direct impact on the stock’s value. If Trump sells his stake, it could be interpreted as a lack of confidence in his own political future, potentially undermining both his campaign and the company’s prospects.

Truth Social, the flagship product of TMTG, has faced challenges in generating traffic and advertising revenue, especially compared to established social media giants like X (formerly Twitter) and Facebook. Despite this, the company’s valuation has remained high, fueled by investor speculation on Trump’s political future. If Trump remains in the race and manages to secure the presidency, the value of his shares could increase. Conversely, any missteps on the campaign trail could have the opposite effect, further destabilizing the stock.

As the lockup period comes to an end, Trump faces a critical decision that could shape the future of both his personal finances and Truth Social. Whether he chooses to hold onto his shares or cash out, the outcome will likely have significant consequences for the company, its investors, and Trump’s political aspirations.

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Arizona man accused of social media threats to Trump is arrested

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Cochise County, AZ — Law enforcement officials in Arizona have apprehended Ronald Lee Syvrud, a 66-year-old resident of Cochise County, after a manhunt was launched following alleged death threats he made against former President Donald Trump. The threats reportedly surfaced in social media posts over the past two weeks, as Trump visited the US-Mexico border in Cochise County on Thursday.

Syvrud, who hails from Benson, Arizona, located about 50 miles southeast of Tucson, was captured by the Cochise County Sheriff’s Office on Thursday afternoon. The Sheriff’s Office confirmed his arrest, stating, “This subject has been taken into custody without incident.”

In addition to the alleged threats against Trump, Syvrud is wanted for multiple offences, including failure to register as a sex offender. He also faces several warrants in both Wisconsin and Arizona, including charges for driving under the influence and a felony hit-and-run.

The timing of the arrest coincided with Trump’s visit to Cochise County, where he toured the US-Mexico border. During his visit, Trump addressed the ongoing border issues and criticized his political rival, Democratic presidential nominee Kamala Harris, for what he described as lax immigration policies. When asked by reporters about the ongoing manhunt for Syvrud, Trump responded, “No, I have not heard that, but I am not that surprised and the reason is because I want to do things that are very bad for the bad guys.”

This incident marks the latest in a series of threats against political figures during the current election cycle. Just earlier this month, a 66-year-old Virginia man was arrested on suspicion of making death threats against Vice President Kamala Harris and other public officials.

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Trump Media & Technology Group Faces Declining Stock Amid Financial Struggles and Increased Competition

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Tech News in Canada

Trump Media & Technology Group’s stock has taken a significant hit, dropping more than 11% this week following a disappointing earnings report and the return of former U.S. President Donald Trump to the rival social media platform X, formerly known as Twitter. This decline is part of a broader downward trend for the parent company of Truth Social, with the stock plummeting nearly 43% since mid-July. Despite the sharp decline, some investors remain unfazed, expressing continued optimism for the company’s financial future or standing by their investment as a show of political support for Trump.

One such investor, Todd Schlanger, an interior designer from West Palm Beach, explained his commitment to the stock, stating, “I’m a Republican, so I supported him. When I found out about the stock, I got involved because I support the company and believe in free speech.” Schlanger, who owns around 1,000 shares, is a regular user of Truth Social and is excited about the company’s future, particularly its plans to expand its streaming services. He believes Truth Social has the potential to be as strong as Facebook or X, despite the stock’s recent struggles.

However, Truth Social’s stock performance is deeply tied to Trump’s political influence and the company’s ability to generate sustainable revenue, which has proven challenging. An earnings report released last Friday showed the company lost over $16 million in the three-month period ending in June. Revenue dropped by 30%, down to approximately $836,000 compared to $1.2 million during the same period last year.

In response to the earnings report, Truth Social CEO Devin Nunes emphasized the company’s strong cash position, highlighting $344 million in cash reserves and no debt. He also reiterated the company’s commitment to free speech, stating, “From the beginning, it was our intention to make Truth Social an impenetrable beachhead of free speech, and by taking extraordinary steps to minimize our reliance on Big Tech, that is exactly what we are doing.”

Despite these assurances, investors reacted negatively to the quarterly report, leading to a steep drop in stock price. The situation was further complicated by Trump’s return to X, where he posted for the first time in a year. Trump’s exclusivity agreement with Trump Media & Technology Group mandates that he posts personal content first on Truth Social. However, he is allowed to make politically related posts on other social media platforms, which he did earlier this week, potentially drawing users away from Truth Social.

For investors like Teri Lynn Roberson, who purchased shares near the company’s peak after it went public in March, the decline in stock value has been disheartening. However, Roberson remains unbothered by the poor performance, saying her investment was more about supporting Trump than making money. “I’m way at a loss, but I am OK with that. I am just watching it for fun,” Roberson said, adding that she sees Trump’s return to X as a positive move that could expand his reach beyond Truth Social’s “echo chamber.”

The stock’s performance holds significant financial implications for Trump himself, as he owns a 65% stake in Trump Media & Technology Group. According to Fortune, this stake represents a substantial portion of his net worth, which could be vulnerable if the company continues to struggle financially.

Analysts have described Truth Social as a “meme stock,” similar to companies like GameStop and AMC that saw their stock prices driven by ideological investments rather than business fundamentals. Tyler Richey, an analyst at Sevens Report Research, noted that the stock has ebbed and flowed based on sentiment toward Trump. He pointed out that the recent decline coincided with the rise of U.S. Vice President Kamala Harris as the Democratic presidential nominee, which may have dampened perceptions of Trump’s 2024 election prospects.

Jay Ritter, a finance professor at the University of Florida, offered a grim long-term outlook for Truth Social, suggesting that the stock would likely remain volatile, but with an overall downward trend. “What’s lacking for the true believer in the company story is, ‘OK, where is the business strategy that will be generating revenue?'” Ritter said, highlighting the company’s struggle to produce a sustainable business model.

Still, for some investors, like Michael Rogers, a masonry company owner in North Carolina, their support for Trump Media & Technology Group is unwavering. Rogers, who owns over 10,000 shares, said he invested in the company both as a show of support for Trump and because of his belief in the company’s financial future. Despite concerns about the company’s revenue challenges, Rogers expressed confidence in the business, stating, “I’m in it for the long haul.”

Not all investors are as confident. Mitchell Standley, who made a significant return on his investment earlier this year by capitalizing on the hype surrounding Trump Media’s planned merger with Digital World Acquisition Corporation, has since moved on. “It was basically just a pump and dump,” Standley told ABC News. “I knew that once they merged, all of his supporters were going to dump a bunch of money into it and buy it up.” Now, Standley is staying away from the company, citing the lack of business fundamentals as the reason for his exit.

Truth Social’s future remains uncertain as it continues to struggle with financial losses and faces stiff competition from established social media platforms. While its user base and investor sentiment are bolstered by Trump’s political following, the company’s long-term viability will depend on its ability to create a sustainable revenue stream and maintain relevance in a crowded digital landscape.

As the company seeks to stabilize, the question remains whether its appeal to Trump’s supporters can translate into financial success or whether it will remain a volatile stock driven more by ideology than business fundamentals.

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