Former President Donald Trump has filed suit against
three of the country's biggest tech companies, claiming he and other conservatives
have been wrongfully censored.
Trump announced the action against Facebook, Twitter and Google's YouTube,
along with the companies' CEOs, at a press conference in New Jersey on
Wednesday. He was joined by other plaintiffs in the suits, which were filed in
federal court in Miami.
“We’re demanding an end to the shadow-banning, a stop to the silencing and a
stop to the blacklisting, banishing and canceling that you know so well,” he
said.
Under Section 230 of the 1996 Communications Decency Act, social media
platforms are allowed to moderate their services by removing posts that, for
instance, are obscene or violate the services’ own standards, so long as they
are acting in “good faith.” The law also generally exempts internet companies
from liability for the material that users post.
But Trump and some other politicians have long argued that Twitter, Facebook
and other social media platforms have abused that protection and should lose
their immunity - or at least have to earn it by satisfying requirements set by
the government.
Trump was suspended from Twitter, Facebook and YouTube after his followers
stormed the Capitol building on Jan. 6. The companies cited concerns that he
would incite further violence.
Nonetheless, Trump has continued to spread lies about the 2020 election,
baselessly claiming that he won, even though state and local election
officials, his own attorney general and numerous judges, including some he
appointed, have said there is no evidence of the mass voter fraud he alleges.
Facebook, Google and Twitter all declined comment Wednesday.
The suits argue that banning or suspending Trump and the other plaintiffs is a
violation of the First Amendment, despite the fact that the companies are
private. The suit against Facebook and CEO Mark Zuckerberg says Facebook acted
unconstitutionally when it removed Trump from the platform. Suits against
Twitter and YouTube make similar claims. All three ask the court to award
unspecified damages, declare Section 230 unconstitutional and restore Trump’s
accounts, along with those of the other plaintiffs - a handful of others who
have all had posts or accounts removed.
But Trump’s lawsuits are likely doomed to fail, said Eric Goldman, a law
professor at Santa Clara University in California who has studied more than 60
similar, failed lawsuits over the past few decades that sought to take on
internet companies for terminating or suspending users' accounts.
“They’ve argued everything under the sun, including First Amendment, and they
get nowhere,” Goldman said. “Maybe he’s got a trick up his sleeve that will
give him a leg up on the dozens of lawsuits before him. I doubt it.”
Goldman said it’s likely Trump is instead pursuing the suits to garner
attention. As president, Trump last year signed an executive order challenging
Section 230.
“It was always about sending a message to their base that they’re fighting on
their behalf against the evil Silicon Valley tech giants," Goldman said.
Matt Schruers, the president of the Computer & Communications Industry
Association, a tech industry trade group that includes Facebook, Twitter and
Google, said internet companies have a right to enforce their terms of service.
“Frivolous class action litigation will not change the fact that users - even
U.S. Presidents - have to abide by the rules they agreed to,” he said in a
statement.