Commentary This is the first in a three part series explaining legal and constitutional issues in former President Donald Trump’s lawsuit against Twitter. This installment focuses on how social media censorship abuses federal law. Trump’s lawsuit, filed on July 7, 2021, alleges that Twitter abridged Trump’s First Amendment free speech rights by censoring his tweets and canceling his account. Joining the lawsuit is another individual plaintiff canceled by Twitter, as well as the American Conservative Union, which alleges that Twitter has shadow banned it. The plaintiffs ask the court to permit them to represent a class of all individuals whom Twitter has banned improperly. They seek damages and reinstatement of their accounts. They further seek a ruling that Section 230 of the Communications Decency Act (U.S. Code, title 47, Section 230) (pdf) is unconstitutional. Section 230 immunizes Twitter from liability for censoring certain kinds of content. One hurdle the lawsuit …
Trump v. Twitter, Part 1: How Social Media Censorship Abuses Federal Law
July 26, 2021
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