It won’t surprise you when you hear that Twitter is fighting former President Trump’s lawsuit over his ban. Bloomberg reports that Twitter has asked the judge to dismiss the lawsuit because it allegedly misinterprets and undermines the First Amendment’s rights to free speech. The social network stated that it is a private company that is not obliged to give a speech that it does not like, and that Trump has repeatedly violated the rules he agreed to when he decided to use the service. Forcibly lifting the ban would call into question “fundamental principles of constitutional law,” Twitter said.
Moreover, Twitter argued its editorial choices related to underlying public concerns, including threats to the White House’s peaceful transition, as well as statements that could encourage “further violence”. The company only marked Trump’s tweets as deceptive ahead of the January 6 attack on the Capitol, but banned it after it continued.
Attorney General John Coale argued that Twitter is a “state actor” because section 230 of the Decency in Communication Act allegedly equates to a subsidy that forces it to abide by the First Amendment as the government does. Biden’s Ministry of Justice opposed this interpretation in the court’s submission, however, stating that Section 230 is intended only to protect against liability, and not to regulate the speech of officials like the former president.
Trump is not waiting to return to Twitter, Facebook and other social networks. He recently launched Truth Social in an attempt to enable himself and other conservatives who have been silenced by technology companies. However, if Twitter succeeds in its demand for dismissal, Trump will have little choice but to give up his once-preferred platform.
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