Trump sues Twitter, Facebook and YouTube
The former president of the United States Donald Trump is suing Twitter, Facebook and YouTube, accusing them of censorship for removing him and others from their social media platforms. The class-action wants to designate social platforms not as private companies (which can impose their own regulation) but as “state bodies”. According to the former president, this should protect him and the other Republicans thanks to the First Amendment on freedom of speech. But legal experts disagree.
Trump sues Twitter, Facebook and YouTube
“We demand the end of the blackout. One stop to silence. A stop to the blacklists, expulsion and deletion that you know so well, ”says Trump. The lawsuits filed in the federal district of Miami explicitly speak of censorship. According to Trump and his team, social platforms are “state actors”, public realities that must therefore protect the First Amendment. Traditionally, in fact, this amendment to the Constitution restricts the range of action of the government and not private agencies. In other words, an American can say what he wants without being stripped of his citizenship, even though he may be banned from the private golf course (to use an example dear to Trump).
The proceedings also ask to delete Session 230. This decades-old law protects tech companies from content moderation. In essence, Trump wants to redesign social media as public entities and change an existing law. Something that a court can hardly do without the intervention of the legislature.
“Didn’t understand the First Amendment”
The Washington Post has heard some American lawyers about it. Eric Goldman of the University of Santa Clara says that Trumps “is playing a media game. It is part of a strategy of the former President to file complaints and then not continue the proceedings “.
Paul Barret New York University, human rights expert, explains: “Trump did not understand the First Amendment at all. In fact, Facebook and Twitter have the freedom protected by the First Amendment to choose which speech to amplify on their platform. And this also includes the right to exclude those who incite violence. As Trump did regarding the Capitol uprising on January 6 ”.
Furthermore John Bermayer, legal director of the non-profit Public Knowledge explained that if Trump was right, “every corporation would be a government agency. Each company is established within the government: does this mean that each corporation is a public body? “
This is the Republican Party’s second attempt in a few weeks to find one legal way to bring Trump back on Twitter. Just a few days ago, Judge Robert Hinkle overturned a proposed law in Florida that prevented social media from banning politicians and candidates. The court ruled the law unconstitutional.
Meanwhile, the Republicans in Congress are trying to rewrite Session 230 and expedite the processes for antitrust cases. For the moment it appears that none of these attempts will be successful. We will keep you informed.
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