A California district judge has dismissed Donald Trump's case against Twitter, ruling that the former president's ban from the platform in 2021 appears entirely legal.
Trump and a group of other banned users have until May 27 to present an updated complaint, according to the order, which was issued on May 6.
While the order allows for an appeal, it is very critical of the lawsuit's claims, implying that any amended version will face a difficult road ahead. The order specifically rejects Trump's assertions that Twitter violated the First Amendment and that Section 230 of the Communications Decency Act is unconstitutional.
What Did the District Court Say?
In July 2021, as per the news story of Variety, Trump, the American Conservative Union, and five people filed a class-action lawsuit against Twitter, alleging that they were "censored" by the social media platform - in Trump's case, by an outright ban. Trump's lawsuit claimed that Twitter, as well as Facebook and Google, which he also sued, are "government actors" who must abide by the First Amendment's prohibition on limiting free expression.
However, U.S. District Judge James Donato rejected the idea. The court stated that the Trump case "does not plausibly allege that Twitter acted as a government entity when it closed plaintiffs' accounts."
The Section 230 claim failed because Trump and his co-plaintiffs were unable to show that the legislation was related to their ban. They couldn't persuade a California judge to apply a Florida-based deceptive trade practices rule, and the order determined that Twitter didn't break it either. Judge Donato points out that the terms of service specifically indicate that Twitter may suspend or cancel an account at any moment for any or no reason.
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The Verge noted that Trump can't add new claims to an amended filing, and unless the judge's reasoning changes dramatically. Twitter might still restore Trump's account willingly, which is a possibility given the company's upcoming acquisition by billionaire Elon Musk. However, the case is the latest in a long line of legal setbacks for those who sue social media companies for banning them.
When Did Trump Get Banned From the Social Media Platform?
Variety reported that two days after the tragic attack on the U.S. Capitol, Twitter permanently banned Trump on Jan. 8, citing the possibility of continued bloodshed if the then-president was permitted to remain on the social media platform. Trump was deplatformed by other services, including Facebook and YouTube.
The ruling against Trump comes as billionaire Elon Musk prepares to buy Twitter for $44 billion.
Musk, like Trump, has claimed that Twitter has "censored free speech," and he has promised to force the social media platform to follow government-defined free speech rules.
Musk also knocked down a suggestion by former GOP congressman Devin Nunes that Trump "encouraged" Musk to buy Twitter to "take on these tech tyrants," stating he has had "no communication" with Trump and pointing out that the ex-president has said that he will not rejoin Twitter even if Musk successfully seals the acquisition.
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