Twitter asks judge to throw out Trumps lawsuit over ban

It won’t surprise you to hear Twitter is fighting former President Trump’s lawsuit over his ban. Bloomberg reports Twitter has asked a judge to dismiss the suit as it allegedly misinterprets and threatens the company’s First Amendment free speech rights. The social network noted it was a private company that isn’t obligated to host speech it doesn’t like, and that Trump repeatedly violated the rules he agreed to when he chose to use the service. A forced ban reversal would challenge “bedrock principles of constitutional law,” Twitter said.

Moreover, Twitter argued its editorial choices related to basic public concerns, including threats to a peaceful White House transition as well as statements that could foster “further violence.” The company merely flagged Trump’s tweets as misleading in the run-up to the January 6th Capitol assault, but banned him after he continued.

Lead attorney John Coale has contended Twitter is a “state actor” as Section 230 of the Communications Decency Act supposedly equates to a subsidy that forces it to honor the First Amendment like the government does. Biden’s Justice Department has objected to this interpretation in a court filing, however, stating that Section 230 is only meant to protect against liability, not regulate the speech of officials like the ex-President.

Trump isn’t waiting for a return to Twitter, Facebook and other social networks. He recently launched Truth Social in a bid to enable himself and other conservatives who’ve felt silenced by tech companies. If Twitter succeeds in its dismissal request, though, Trump won’t have much of a choice but to give up his once-preferred platform.

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