California Senator Sued For Blocking Two Residents On Twitter

State Sen. Richard Pan, D-Elk Grove, urged lawmakers to approve his measure that would ban smoking within 250 feet of youth sporting events, Thursday, May 26, 2016, in Sacramento, Calif. The bill, SB977, proposed by 8th grade students at an Elk Grove school, was approved by a 32-5 vote and sent to the Assembly.(AP Photo/Rich Pedroncelli)
FILE - In this Thursday, May 26, 2016, file photo, state Sen. Richard Pan, D-Elk Grove, speaks to fellow lawmakers in Sacramento, Calif. Two California residents are suing Pan for blocking them from his social media ... FILE - In this Thursday, May 26, 2016, file photo, state Sen. Richard Pan, D-Elk Grove, speaks to fellow lawmakers in Sacramento, Calif. Two California residents are suing Pan for blocking them from his social media accounts, alleging that barring them from his Twitter account violates their First Amendment free speech rights. (AP Photo/Rich Pedroncelli, File) MORE LESS
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SACRAMENTO, Calif. (AP) — Two California residents are suing a state senator for blocking them from a social media account in a case similar to a successful lawsuit that barred President Trump from blocking critics on his Twitter account.

Suzanne Rummel and Marlene Burkitt sued Democratic Sen. Richard Pan of Sacramento alleging that barring them from his Twitter account violates their First Amendment free speech rights.

Pan is a physician and both women’s accounts show they oppose his efforts to promote universal vaccinations of children.

Burkitt says in the lawsuit filed last week in federal court in Sacramento that she was blocked after using Pan’s Twitter site to discuss his efforts “to reduce medical freedom, parental decision-making rights, and other issues.”

Pan’s spokeswoman, Shannan Velayas, said she couldn’t comment.

“This is the first we’re hearing about it,” she said. “We haven’t been served.”

Pan personally uses his Twitter account several times a day, according to the lawsuit, which calls it “his most active, consistent, and interactive form of communication.”

It is unconstitutional for Pan to block dissenting viewpoints, says the lawsuit, which asks for the women to be restored and for unspecified damages, fees and costs.

“These social media venues are modern day public forums, and our rights to express ourselves and to petition our government must be protected,” said attorney Marian Tone, who filed the lawsuit.

Trump is appealing a federal judge’s ruling in May that blocking people from the @realDonaldTrump account violates the First Amendment. That ruling is the most prominent of several lawsuits finding that people have a right to engage with politicians who use their accounts as public forums to conduct official business.

The president regularly uses his account to announce news, denounce opponents and brag about his administration’s accomplishments. The Knight First Amendment Institute at Columbia University argued he cannot then block people with dissenting political views.

In Pan’s case, both women have anti-vaccine messages on their Twitter pages and refer to Pan’s postings including one in which he discusses a law he co-sponsored in 2015 that requires medical justification for a child to skip immunization.

It appears Burkitt last tweeted at Pan in May 2016, and called him a “coward.” In another Tweet, she accused Pan and other lawmakers of being “bought” and not caring if people’s children die.

Rummel, meanwhile, has tweeted at Pan as recently as June. She has shared memes about Pan receiving donations from pharmaceutical companies as well as a cartoon depicting Pan vaccinating a skeleton and a photo of him painted like “the Joker” from “Batman” and holding a giant syringe.

Pan’s critics have created their own hashtag identifier, #blockedbyPan.

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Notable Replies

  1. I would support a Constitutional amendment affirming one’s right to block anti-vaxxers on Twitter. I mean, as long as we’re chipping away at the First Amendment anyway, let’s at least chip in the right places.

  2. One of the “unwritten amendments” in the Constitution.

    “The freedom to be stupid shall not be abridged”

  3. These anti-vaxxers are straight out of the diseased mind of Alex Jones and Jenny McCarthy. They see demons under every rock and are convinced vaccines cause autism, etc. They would gladly allow a massive measles outbreak if it means thumbing their nose at what they consider an overreaching government. They’re idiots and dead wrong. They’ll remain anti-vaxxers until their kids contract some fatal disease from an unvaccinated child. These women are too clueless to have ever studied polio and small pox. They should STFU.

  4. “In Pan’s case, both women have anti-vaccine messages on their Twitter pages and refer to Pan’s postings including one in which he discusses a law he co-sponsored in 2015 that requires medical justification for a child to skip immunization.”

    In my limited medical understanding, the concept of immunization uses a "herding(?)’ model. So when you elect to exempt your children, ignoring established medical science, you rob all the other children of thier right to immunize.

    Again not a medical doctor, but amazed that this message is not more broadly explained.

    My two cents.

  5. Aren’t they the two people with the bumper stickers on their car that say “Bring Back Smallpox”.

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