It is hard to imagine a more frivolous notion for a lawsuit.
Apparently, his argument is going to be that Twitter and Facebook and their executives — by adopting rules about dangerous lying and incitements to violently overthrow the government (and then enforcing them) — have become the government actors. But hilariously, apparently only when Democrats control the White House.
Uh-huh. Good luck with all that. Here is all of the 34 pages of nonsense. Gibberish.
…Pursuant to Section 230, Defendants are encouraged and immunized by Congress to censor constitutionally protected speech on the Internet, including by and among its one hundred and ninety-two (192) million Users that are citizens of the United States. Using its authority under Section 230 together and in concert with other social media companies, the Defendants regulate the content of speech over a vast swath of the Internet.
Defendants are vulnerable to and react to coercive pressure from the federal government to regulate specific speech. In censoring the specific speech at issue in this lawsuit and in deplatforming Plaintiff, Defendants were acting in concert with federal officials, including officials at the CDC and on the Biden transition team.
As such, Defendants’ censorship activities amount to state action. Defendants’ censoring the Plaintiff’s Twitter account, as well as those accounts of Putative Class Members, violates the First Amendment to the United States Constitution because it eliminates the Plaintiffs and Class Member’s participation in a public forum and the right to communicate to others their content and point of view….
This is ludicrous. He was only too happy to enjoy their protection for three and one half years, as he told lie after increasingly dangerous lie to his some 20 million hardcore followers. Then… fair and square — he lost the election.
And now he’s butt sore. There has never been a Supreme Court case holding that imposing private rules of conduct on private parties at a private business is somehow a transmorgrifying event — rendering the business… an arm of the US government. It is simply… insanity.
I might ask him: was Fox News a “state actor” when, in Florida, with Gov. DeSantis’s explicit approval, Fox locked all other networks out of its studio as DeSantis held a bill signing ceremony, in the studio? Of course not.
Only DeSantis need answer for that, to his Florida taxpayers. I think Fox acted churlishly in complying (what will they do if the shoe is ever on the other foot, say in DC?) — but I recognize their right to lock their doors. The quarrel is with the Governor abusing his public office.
But Trump knows he will lose here. It is all Kabuki Theater. And bad theater at that.
Out.