Kristina T. Bodnar,
"Sheer Force of Tweet:" Testing the Limits of Executive Power on Twitter,
10 Case W. Res. J.L. Tech. & Internet
Available at: https://scholarlycommons.law.case.edu/jolti/vol10/iss1/6
President Donald Trump’s affinity for Twitter has raised novel issues of constitutional law, tested the norms for presidential etiquette, and opened up a dialogue about whether tweets are considered the actual directives of the President. This note explores four subject areas that the President has tweeted about: judicial legitimacy, executive orders, removal of appointees, and entering into armed conflicts. Then, these topics will be considered in terms of whether presidential speech on social media should be regulated to protect against the risks of posting on the Internet and to ensure the preservation of the principles of democracy embedded in the Constitution. This note concludes with four legislative policy recommendations for regulating the President’s use of Twitter and other social media platforms while balancing government interests and considers related concerns about President Trump’s use of Twitter for official presidential matters.