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Fox's Napolitano to Trump: First Amendment 'does not regulate Twitter'

Fox News legal analyst Andrew NapolitanoAndrew Peter NapolitanoFox's Napolitano says grand jury erred in Taylor case: 'I would have indicted all three of them' Fox's Napolitano: Supreme Court confirmation hearings will be 'World War III of political battles' Fox's Napolitano: 2000 election will look like 'child's play' compared to 2020 legal battles MORE said Wednesday that President TrumpDonald TrumpThe Memo: The Obamas unbound, on race Iran says onus is on US to rejoin nuclear deal on third anniversary of withdrawal Assaults on Roe v Wade increasing MORE faces an uphill battle with his threat to regulate social media platforms like Twitter.

“The First Amendment, which guarantees the freedom of speech and of the press since it only regulates the government, does not regulate Twitter," the former New Jersey Superior Court judge said on "America's Newsroom."

"Twitter can take down, modify or correct any user it wants, including the president of the United States," Napolitano added.

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His comments come a day after Trump accused Twitter of "stifling" free speech after the site fact checked one of his tweets about voting by mail, a first for the company. The following day he threatened to "strongly regulate, or close them down," referring to social media platforms.

"Under a Supreme Court opinion that the president likes, called Citizens United, Twitter has freedom of speech just like you and I and the president himself," Napolitano said Wednesday. “The president can say what he wants about Twitter and they can say what they want about him.”

But Napolitano added that Twitter has put itself in a precarious position by fact-checking Trump.

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"Twitter will lose a lot of credibility and make itself a target if they only fact-checked President Trump and not Joe BidenJoe BidenDefense lawyers for alleged Capitol rioters to get tours of U.S. Capitol Sasse to introduce legislation giving new hires signing bonuses after negative jobs report Three questions about Biden's conservation goals MORE and not other leading nationally known political figures," Napolitano said.

He added that Trump was right about one thing with his criticisms of Twitter.

"The president is right about the bias in social media, and the president is also understandably not happy about his being fact-checked,” Napolitano said.