Trump Can Win His Case Against Tech Giants

Trump Can Win His Case Against Tech Giants
The companies censor on the government’s behalf. There’s ample precedent for calling it state action.

By Vivek Ramaswamy
July 11, 2021 1:42 pm ET

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.

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https://www.wsj.com/articles/trump-...=2khdnxfbnlyuy5u&reflink=share_mobilewebshare


Wow such weak arguments...

1st amendment was designed to protect political speech from censorship from the government or punishment for political speech by the government.

So pussy trump is claiming the free media is censoring him so they must be llike the government...

So if the media went sharply conservative and starting removing stories about Russia Russia Russia and collusion as false claims, trump would have been happy.

Anytime you need to see how much of a bullshit legal analysis someone is making just look at the hypocrisy and it becomes crystal clear.
 
updates?


lol......there aren't any updates of how much he milked them for , but he continues to(legally) drain the taxpayer for millions.

Trump can use the Secret Service to bilk taxpayers for unlimited cash:
https://www.rawstory.com/trump-secret-service-2654378491/

Former President Donald Trump has continued charging the United States Secret Service for using his properties.

Fahrenthold, who has been tracking Trump's charges to the Secret Service since he left office in January, noted on Twitter Monday that Trump has been charging the Secret Service $17,000 per month to rent a cottage at his Bedminster resort, while also charging the Secret Service nearly $400 per night to rent a single room at his Mar-a-Lago resort.

"In Bedminster, $17K/month is a lot higher than the going rate in the area," wrote Fahrenthold. "At Mar-a-Lago, $396.15 is more than triple the government's per-diem spending limit on hotels in the area, which was $121 in May and June."

A follower then asked Fahrenthold how Trump gets away with charging so much more than the per-diem spending limit, and he replied that the Secret Service does not face such limits.
 
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