But the court said that the component of Trump’s account in which followers reply to his tweets and comment on the replies amounted to a designated public forum for speech. Never mind that Trump didn’t create this “space” — he only opened a Twitter account that included replies as a feature.
To get to this conclusion, the court had to say, among other things, that Trump was in control of the account, which isn’t really the case. Twitter creates the features that allow blocking, and it could change them at any time. What’s more, Twitter can also ban people from its platform for any reason, whenever it wants.
That’s where things get weird. If access to Trump’s account is a constitutional right, why should any member of the public be blocked from participating on it? Suppose I am blocked from using Twitter altogether for hate speech or other abuses of the terms of service. I can now go to court and claim that Twitter is barring me from a designated public forum.