droidsnipe.com, Jakarta – A district judge in California has rejected Donald Trump’s lawsuit against Twitter. He declared a ban on the former US President from platform is legal.
The decision, which was handed down recently, gives Trump and a group of other banned users to appeal until May 27.
Decisions or orders that are highly critical of the lawsuit’s claim indicate that any amended version of the lawsuit will face an uphill battle. Specifically, the order rejects Trump’s claim that Twitter violates the First Amendment and rejects Section 230 of the Communications Proper Act that is unconstitutional.
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“Plaintiffs did not start from a strong position,” noted Judge James Donato in the first paragraph of his analysis, quoted The VergeSunday (8/5/2022).
Trump filed a lawsuit in Florida last year, but was later moved to Twitter’s home state of California, as did similar lawsuits against YouTube and Meta (then Facebook). Trump failed in an initial attempt to get Twitter to recover his account as the trial progressed, and filed an amended complaint to strengthen his case.
But Judge Donato ruled Twitter was not operating as a state actor when it banned Trump – a claim Trump made by noting that several lawmakers had asked Twitter to remove him from platforms.
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“Legislators are completely free to express opinions without being considered the official voice of the state,” the ruling said.
As a side note, Twitter can still voluntarily recover Trump’s account. Especially after Elon Musk entered Twitter carrying the flag of freedom of expression in the social networking space.