Friday judge Dismissed the proceedings By the former president Donald Trump Trying to lift his ban twitter..
However, Judge James Donato of the San Francisco District Court has opened the door for Mr. Trump and other plaintiffs to file an amended complaint consistent with his written decision to revoke the entire proceeding on Friday. I left it.
Social media giants banned Trump on January 8, 2021, blaming the riots of then-President’s supporters two days ago for the risk of instigating further violence following the parliamentary riots.
Trump, the American Coalition, and Five Individuals Sued Twitter Last year, co-founder Jack Dorsey and himself Classes of other Twitter users The person launched from the app.
Donato’s decision will be nearly two weeks later Trump told CNBC Even with his ban, he wasn’t interested in returning to Twitter Lifted by Elon Musk, Tesla Chief whose $ 44 billion offer to buy Twitter has been accepted by the company’s board of directors.
Prior to the ban, Trump was an avid Twitter user, tweeting an average of more than 30 posts a day towards the end of his presidency. At the time of the ban, Trump had almost 90 million followers on Twitter.
His proceedings alleged that Twitter violated the plaintiff’s First Amendment’s right to freedom of speech, and that the ban was due to pressure on the company by Democrats.
But in his 17-page ruling, Donato wrote that Trump and other plaintiffs “do not start from a powerful position” in their First Amendment allegations.
Citing federal case law, the judge said, “Twitter is a private company, and’The First Amendment to the Constitution applies only to the government’s summary of speech, not to the private company’s motion for summary.'” rice field. “”
Donato rejected the idea that Twitter’s ban on Trump and others was due to government action. This is the only way to support the First Amendment allegations.
“Overall, the amended complaint does not plausibly claim that Twitter acted as a government agency when it closed the plaintiff’s account,” Donato wrote.
The proceedings also called on the judge to rule that the Federal Communications Decency Act was unconstitutional.
According to the CDA, online service providers such as Twitter are not responsible for content posted by other users.
Donato dismissed the allegation after discovering that plaintiffs did not have the legal status to challenge the CDA. Judges say that the only way they can take such a position is to indicate that Twitter “did not lift the plaintiff’s platform”, etc., but with respect to the content the criminal immunity given by the CDA. Said it was for.
Donato has become a deceptive and unfair trading practice in Florida as Trump and other plaintiffs have agreed that California law governs disputes between Twitter and its users, as stated in Twitter’s Terms of Service. He dismissed the third allegation that he violated again.
The proceedings were initially filed in federal court in Florida, where Trump lives, and then transferred to California at the request of Twitter, headquartered.
Finally, the judge dismissed the fourth claim in a proceeding under the Florida Social Media Censorship Suspension Act.
The judge claimed under the law because only one of the plaintiffs nominated in this case, Dominick Latella, had a valid Twitter account when Florida law came into force on July 1, 2021. Said that he was the only plaintiff who could do so.
“There are also great concerns about the enforceability of SSMCA,” writes Donato.
“Florida state officials were banned from enforcing SSMCA in a legitimate decision issued by the Northern Florida District on June 30, 2021, the day before the law came into force,” the law said. 1 It turned out that it violated the revision. The judge wrote.
