Judge Dismisses Trump Lawsuit Seeking To Lift Twitter Ban

A judge on Friday dismissed a lawsuit by former President Donald Trump seeking to lift his ban from Twitter. But San Francisco federal district court Judge James Donato left the door open for Trump and other plaintiffs to file an amended complaint against Twitter that is consistent with his written decision Friday to toss the lawsuit in its entirety. CNBC reports: The social media giant had banned Trump on Jan. 8, 2021, citing the risk of the incitement of further violence on the heels of the Capitol riot by a mob of supporters of the then-president two days earlier. Trump, the American Conservative Union, and five individuals had sued Twitter and its co-founder Jack Dorsey last year on behalf of themselves and a class of other Twitter users who had been booted from the app. [...] His suit alleged that Twitter violated the plaintiffs' First Amendment rights to free speech, arguing that the bans were due to pressure on the company by Democratic members of Congress. But in his 17-page ruling, Donato wrote that Trump and the other plaintiffs "are not starting from a position of strength" with their First Amendment claim. The judge noted, citing federal case law, that, "Twitter is a private company, and "the First Amendment applies only to governmental abridgements of speech, and not to alleged abridgements by private companies.'" Donato rejected the notion that Twitter's ban of Trump and the others was attributable to the government's actions, which would be the only way to uphold the claim of a violation of the First Amendment. "Overall, the amended complaint does not plausibly allege that Twitter acted as a government entity when it closed plaintiffs' accounts," Donato wrote. The suit also asked the judge to rule that the federal Communications Decency Act was unconstitutional. The CDA says online service providers such as Twitter cannot be held responsible for content posted by others. Donato dismissed that claim after finding that the plaintiffs did not have legal standing to challenge the CDA. The judge said the only way they could have such standing was to show that Twitter "would not have de-platformed the plaintiff" or others but for the legal immunity conferred by the CDA when it came to content. [...] Shortly after Twitter announced that it has agreed to be acquired by Elon Musk, Trump told Fox News that he is "not going back to Twitter," adding: "I am not going on Twitter, I am going to stay on Truth. I hope Elon buys Twitter because he'll make improvements to it and he is a good man, but I am going to be staying on Truth."

Read more of this story at Slashdot.