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

Fox News legal analyst Andrew NapolitanoAndrew Peter NapolitanoFox's Napolitano to Trump: First Amendment 'does not regulate Twitter' Judge Napolitano: Trump doesn't have right to override governors on church openings Fox's Napolitano: NJ gym owner defying stay-at-home order 'an American hero and national treasure' MORE said Wednesday that President TrumpDonald John TrumpCNN's Anderson Cooper: Trump's Bubba Wallace tweet was 'racist, just plain and simple' Beats by Dre announces deal with Bubba Wallace, defends him after Trump remarks Overnight Defense: DOD reportedly eyeing Confederate flag ban | House military spending bill blocks wall funding 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.


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.


"Twitter will lose a lot of credibility and make itself a target if they only fact-checked President Trump and not Joe BidenJoe BidenTrump renews culture war, putting GOP on edge Atlanta mayor says she has tested positive for COVID-19 Trump downplaying sparks new criticism of COVID-19 response 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.