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Title: Trump Can Win His Case Against Tech Giants
Source: wsj
URL Source: https://www.wsj.com/articles/trump- ... -11626025357?mod=djemalertNEWS
Published: Jul 12, 2021
Author: Vivek Ramaswamy
Post Date: 2021-07-12 20:28:48 by tankumo
Keywords: None
Views: 483
Comments: 4

The media has panned Donald Trump’s First Amendment lawsuits against Facebook, Twitter and YouTube: “sure to fail,” “as stupid as you’d think,” “ridiculous.” Mr. Trump’s complaint omits important precedents, facts and claims for relief, but there’s a strong case to be made that social-media censorship violates the Constitution. If his lawyers do better in court than in their initial filing, Mr. Trump can win.

It’s true that the First Amendment ordinarily applies to the government rather than private companies. But the central claim in Mr. Trump’s class-action lawsuit—that the defendants should be treated as state actors and are bound by the First Amendment when they engage in selective political censorship—has precedent to back it up. Their censorship constitutes state action because the government granted them immunity from legal liability, threatened to punish them if they allow disfavored speech, and colluded with them in choosing targets for censorship.

The Supreme Court held in Norwood v. Harrison (1973) that the government “may not induce, encourage, or promote private persons to accomplish what it is constitutionally forbidden to accomplish.” As Jed Rubenfeld and I argued in these pages in January, that’s what Congress did by passing Section 230(c)(2) of the 1996 Communications Decency Act, which permits tech companies to censor constitutionally protected speech and immunizes them from state liability if they do so.

The high court has repeatedly held that federal immunity..........

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#1. To: tankumo, and Everyone (#0)

Trump Can Win His Case Against Tech Giants

Let there be hope …

Hope lies in dreams, in imagination, and in the courage of those who dare to make dreams into reality. ~ Jonas Salk

Gatlin  posted on  2021-07-12   20:45:40 ET  Reply   Trace   Private Reply  


#2. To: Gatlin (#1) (Edited)

Excellent way to stay in the forefront of the news...Trump really is a Master Showman. Come 2024, I "hope"--and absolutely believe--well over half of the American electorate realize they miss Trump and his policies in the White House and Trump shall be reelected in a Reagan/Mondale-style landslide...MUD

"NOW...Devolve Power Outta the Federal Leviathan!!"

Mudboy Slim  posted on  2021-07-13   15:42:50 ET  Reply   Trace   Private Reply  


#3. To: Mudboy Slim (#2)

It may go all the way up to supreme court, I only worrried Roberts will rule against Trump.

tankumo  posted on  2021-07-13   20:28:41 ET  Reply   Trace   Private Reply  


#4. To: tankumo (#3)

Yep...I share yer consternation vis a vis Justice Roberts, a modern day David Souter, imo. I remember being warned he was a RINO back when the names were being bandied about for a new Chief Justice, and he has lived down to some pretty low expectations...MUD

"NOW...Devolve Power Outta the Federal Leviathan!!"

Mudboy Slim  posted on  2021-07-14   11:31:49 ET  Reply   Trace   Private Reply  


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