Federal judge dismisses Trump lawsuit against Twitter

San Francisco federal court Judge James Donato has dismissed the lawsuit that Donald Trump filed against Twitter last year in an attempt to get his account back. The social network permanently suspended the former president’s account after his supporters stormed the Capitol in January 2021. AnnouncementIn particular, Twitter cited two of his tweets that he said would be “very likely to encourage and inspire people to repeat the criminal acts that took place in the US Capitol” on January 6 last year.

Trump filed a lawsuit in October asking for a provisional injunction against the ban, alleging it violates his First Amendment rights. Donato disagreed, noting in his statement that Twitter is a private company. “The First Amendment only applies to government abbreviations,” he explained, “and not to alleged abbreviations by private companies.” The judge also rejected the idea that the social network had acted as a government agency after being pressured by Trump’s opponents to violate the First Amendment when it banned the former president.

In his lawsuit, Trump asked the judge to consider the federal Communications Decency Act, which states that online service providers such as Twitter cannot be held liable for content posted by users, as unconstitutional. The judge also rejected that claim, ruling that the former president had no legal standing to challenge Section 230 of the CDA. Trump is a well-known critic of Section 230 and suggested limiting the protections social media platforms enjoy during his term in office.

The former president was an avid Twitter user before his suspension and formed his own social network called Truth Social after being banned. Recently he told: CNBC that he won’t go back to Twitter even if Elon Musk undoes his suspension and instead stays on Truth Social. According to a recent report by the Daily BeastTruth Social has 513,000 daily active users, compared to Twitter’s 217 million.

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