California federal judge fired Donald Trump’s lawsuit against Twitter Friday, blacking out at least one path the former president and prolific twitterer could have taken to get back to his favorite platform.
Trump’s argument that the social network and its then-CEO Jack Dorsey violated his right to free speech did not convince Judge James Donato of the Northern District of California, to put it mildly.
“The main claim of the plaintiffs is that the defendants have “censorship[ed]”Plaintiffs’ Twitter accounts violate their right to free speech under the First Amendment to the US Constitution,” Donato wrote. “Plaintiffs do not come from a position of strength.”
In dismissing the lawsuit in its current form, Donato pointed out the obvious: Twitter is a private company and is not bound by the First Amendment, which protects Americans from government attempts to limit speech. Basically, Twitter can do whatever it wants when it comes to content moderation, just like any other online platform.
Donato dismissed the connection that Trump’s legal team was trying to make between the US government and Twitter, dismissing the claim that the company was somehow acting on behalf of the federal government because Democratic lawmakers wanted Trump removed from the platform.
“The amended complaint simply offers a set of allegations that some Democratic members of Congress wanted to ban Mr. Trump and “views he espouses” from accessing Twitter,” Donato wrote.
Despite the lawsuit, Trump said he would not return to Twitter. even if there is a chance. And with a company under the erratic leadership of misguided free speech absolutist Elon Musk, he may indeed be given that opportunity. Meanwhile, Trump continues to promote his own app, Truth Social, which currently sits at number eleven on the App Store’s social media rankings.
Trump and the other plaintiffs in the lawsuit — organizations and individuals who have been similarly kicked off Twitter — will try to revise their case, but Donato notes the bar is high because separating private business from the public sphere is “a question.” great importance”.
“Plaintiffs’ only hope of claiming violation of the First Amendment is to plausibly claim that Twitter was in fact acting as a government,” Donato wrote. “This is not an easy statement for good reasons.”
Credit: techcrunch.com /