Since last year, the United States immigration Department began asking visa applicants for their current and former social media usernames, a move that affects millions of non-citizens applying to travel to the United States each year. The rule change was part of the Trump administration’s effort to expand its “enhanced” screening protocols. At the time, it was reported that the information would be used if the State Department determines that “such information is required to confirm identity or conduct more rigorous national security vetting.”
Twitter and Reddit have now joined a lawsuit that is challenging the U.S. government rule change compelling visa applicants to disclose their social media handles.
The lawsuit, brought by the Knight First Amendment Institute at Columbia University, the Brennan Center for Justice and law firm Simpson Thacher & Bartlett, seeks to undo both the State Department’s requirement that visa applicants must disclose their social media handles prior to obtaining a U.S. visa, as well as related rules over the retention and dissemination of those records.
In a filing supporting the lawsuit, both Twitter and Reddit said the social media policies “unquestionably chill a vast quantity of speech” and that the rules violate the First Amendment rights “to speak anonymously and associate privately.”
Twitter and Reddit, which collectively have more than 560 million users, said their users — many of which don’t use their real names on their platforms — are forced to “surrender their anonymity in order to travel to the United States,” which “violates the First Amendment rights to speak anonymously and associate privately.”
“Twitter and Reddit vigorously guard the right to speak anonymously for people on their platforms, and anonymous individuals correspondingly communicate on these platforms with the expectation that their identities will not be revealed without a specific showing of compelling need,” the brief said.
“That expectation allows the free exchange of ideas to flourish on these platforms.”