A federal judge in California has dismissed Donald Trump’s lawsuit against Twitter, dealing a significant blow to the former president’s efforts to get back on the platform. Judge James Donato of the Northern District of California ruled that Twitter is a private company and is not bound by the First Amendment, which protects Americans from government efforts to limit speech.
Twitter’s Right to Moderate Content
Donato wrote in his ruling that Trump’s argument that Twitter and its then-chief executive Jack Dorsey violated his right to free speech failed to convince him. The judge pointed out that Twitter can do whatever it wants when it comes to content moderation, just like any other online platform.
Plaintiffs are not starting from a position of strength.
— Judge James Donato
Donato rejected the connection Trump’s legal team tried to make between the U.S. government and Twitter, asserting that the company was somehow acting on behalf of the federal government because Democratic lawmakers wanted Trump kicked off the platform.
The amended complaint merely offers a grab bag of allegations to the effect that some Democratic members of Congress wanted Mr. Trump, and ‘the views he espoused,’ to be banned from Twitter.
— Judge James Donato
Trump’s Lawsuit: A Long Shot
In spite of the lawsuit, Trump has claimed that he wouldn’t return to Twitter even if given the chance. With the company under the erratic leadership of Elon Musk, who is known for his views on free speech absolutism, it’s unlikely that Trump will be welcomed back.
However, Donato notes that Trump and the other plaintiffs on the suit — organizations and individuals who were similarly booted from Twitter — will have a shot at revising their argument. But the bar is high because keeping private industry and the public sphere separate is "a matter of great importance."
Plaintiffs’ only hope of stating a First Amendment claim is to plausibly allege that Twitter was in effect operating as the government.
This is not an easy claim to make, for good reasons.
— Judge James Donato
What’s Next for Trump and Twitter?
The dismissal of Trump’s lawsuit against Twitter means that he will have to look elsewhere for a way to get back on the platform. However, with Musk at the helm, it’s unclear whether Trump would even want to return.
In the meantime, Trump continues to promote his own app, Truth Social, which currently sits in the eleventh place on the App Store’s social networking chart. It remains to be seen whether Trump will be able to make a successful comeback on social media.
The Significance of the Ruling
The ruling by Judge Donato has significant implications for social media companies and their role in content moderation. The judge’s decision highlights the importance of keeping private industry and the public sphere separate, and the challenges of bringing a First Amendment claim against a private company like Twitter.
As the debate over free speech and social media continues to rage on, this ruling provides a key insight into the limits of the law when it comes to regulating online platforms.
