Does Trump have a legitimate First Amendment case?
Former President Donald Trump filed class action lawsuits against Facebook, Twitter and YouTube on Wednesday, arguing that his suspension from those platforms violates the First Amendment. However, legal experts say this argument is unlikely to succeed in court since the First Amendment only binds government, not private entities. The First Amendment specifically says Congress shall not make any law  restricting freedom of speech or of the press, and the Supreme Court extended this protection against all government agencies and executive, legislative and judicial officials, as well as federal. , state and local, according to the National Constitution Center. This protection does not include individuals or organizations, such as Facebook, Twitter and Google, owners of YouTube. But Trump argues that some private companies have become state actors and therefore are required to abide by the First Amendment. Trump says:  Defendant Facebook has increasingly engaged in impermissible censorship resulting from threat of legislative action, erroneous recourse to Section 230 of the Communications Decency Act  and voluntary participation in joint activities with federal actors. The status of the accused Facebook thus exceeds that of a private company to become that of a state actor and, as such, the accused is limited by the right to freedom of expression of the First Amendment in the decisions. of censorship that it takes with regard to its users. Subscribe to the Fulcrum newsletter  But the Supreme Court, in an opinion written by Trump-appointed Justice Brett Kavanaugh, said in 2019 that media platforms are not state actors. Trump and his supporters have long lambasted social media companies for what is called the cancellation culture and their disparate treatment of conservative voices. The ex-presidents withdrawal from Facebook, Twitter and YouTube for inciting the Jan.6 insurgency on Capitol Hill fueled the outcry. We demand an end to the shadow ban, an end to the silence and an end to the blacklisting, banning and cancellation that you know so well, Trump said during a press conference on Wednesday. In addition to claiming a First Amendment violation, Trumps lawsuits also seek a ruling that declares unconstitutional so-called Section 230, a decades-old federal law that protects online platforms from prosecution over moderation decisions. of content. Evan Greer, director of Fight For the Future, whose organization advocates for internet freedom and privacy, said that from a legal standpoint, this lawsuit is likely to go nowhere. While its foolish to claim that Big Techs moderation decisions do not have a significant impact on free speech, the First Amendment allows private platforms to make exactly the kind of moderation decisions that they wish to take on as non-governmental entities, she said. mentionned. Greer and other critics of the lawsuits have also pointed out that the lawsuit was likely a fundraising tactic for Trump, who is considering another presidential bid in 2024. Shortly after the lawsuits were announced, Trumps joint fundraising committee sent a message saying, Pres Trump: Im suing Facebook and Twitter for NON-CONSTITUTIONAL CENSORSHIP. For a short time, 5x-IMPACT on everyone. the gifts! Donate NOW.   During the press conference, Trump also encouraged his supporters to go to a website where they could join the class actions. However, this site redirects users to a site for the America First Policy Institution that only includes a promotional video and links to donate. 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