A lawsuit by former president Donald Trump seeking to overturn his ban from Twitter (TWTR) was dismissed by a Federal judge.
The suit was filed by Trump after Twitter banned him from the online service following the fatal Jan. 6, 2021 insurrection, "due to the risk of further incitement of violence."
In a 17-page ruling Friday, U.S. District Judge James Donato pointed out that Trump was “not starting from a position of strength,” with the lawsuit.
“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 wrote, citing previously established case law.
Tesla (TSLA) CEO Elon Musk, who has announced plans to buy Twitter in a $44 billion deal, has hinted he could move to lift Trump's ban. Trump has claimed he isn't interested in returning to the platform, insisting he will pursue his own floundering Truth social media platform.
Notwithstanding Twitter's status as a private company, Musk has argued that it serves as a kind of digital town square which should welcome virtually all views and comments. Musk terms himself a free-speech "absolutist."
Government Entity
While Trump might have been able to succeed if he could prove that Twitter banned him on behalf of a state or the federal government, “overall, the amended complaint does not plausibly allege that Twitter acted as a government entity when it closed plaintiffs’ accounts.”
Trump’s complaint was dismissed in its entirety. However, Donato wrote that Trump could file an amended complaint “that is consistent with this order by May 27, 2022.”
The judge, who sits in the U.S. District Court for the Northern District of California, added that, “the amended complaint may not add any new claims or defendants without express prior leave of Court. Plaintiffs are advised that further opportunities to amend are not likely to be granted.”
The case was originally filed in Florida. It was moved to California because under Twitter’s terms of service, “California law will govern all disputes that arise between Twitter and its users,” the judge noted.
