The suits were filed in the Southern District of Florida, and Trump said at a news conference in Bedminster, N.J., that they would call for the court to issue an order blocking the companies’ alleged censorship of the American people.
“We’re demanding an end to the shadowbanning, a stop to the silencing, and a stop to the blacklisting, banishing and canceling that you know so well,” Trump said.
The suits allege that the companies violated Trump’s First Amendment rights in suspending his accounts and argues that Facebook, in particular, no longer should be considered a private company but “a state actor” whose actions are constrained by First Amendment restrictions on government limitations on free speech. Traditionally, the First Amendment is thought to constrain only government actions, not those of private companies.
It also called for the court to strike down Section 230, a decades-old Internet law that protects tech companies from lawsuits over content moderation decisions.Trump will face an uphill battle in court, under Section 230. The lawsuit also is likely to face claims that any action against the platforms violates their First Amendment rights; just last week, a federal judge cited the Constitution in blocking a Florida social media law from taking effect. The law would have levied fines against the tech companies if they suspended politicians in the run-up to an election.
“Of course there’s no better evidence that Big Tech is out of control than they banned the sitting president of the United States earlier this year,” he [Trump] said at the news conference. “If they can do it to me they can do it to anyone.”
It is up to the courts
If the radical right Republican, Christian nationalist Supreme Court sides with the ex-president, his lies, crackpot conspiracies and divisive rhetoric will resume gushing from his morally rotted mind and aided by the morally rotted minds of the corrupt fascists who work for him. The anti-democratic court would like to side with him, but that may be too blatant a step toward fascism. It will take at least about 2-3 years for the lawsuit to reach the Supreme Court at least first time. The suit could wind up before the court more than once, depending on how it plays out and how lower courts decide.
The ex-president no doubt sees this as an opportunity to raise cash. One news source recently indicated that about $530 million in business debt is coming due in the next few years, a significant amount of which he personally guaranteed. One can see many appeals to the public for money to help the valiant but wronged ex-president fight against the forces of Democratic Party and socialist evil. In fact, the real evil he is fighting here is the rule of law. He needs the law bent to suit his desperate need for access to major social media platforms. That appears to be his best means to harvest cash and advance the cause of kleptocratic fascism against democracy and the rule of law.
Because of his urgent need of vast amounts of cash, the ex-president may try to accelerate the court case to help him raise money from his flock. And, if he actually wins, he may be awarded hundreds of millions in damages as lead plaintiff in the class action.
One can reasonably wonder who has standing to countersue the ex-president and his attorneys for filing a frivolous lawsuit. On its face, that is what this looks like. Once again, the American taxpayer is forced to bear the frivolous costs of a deranged fascist who is hell-bent on overthrowing democracy and the rule of law.
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