Donald Trump’s lawyers allege that the ban violated Trump’s freedom of speech under the First Amendment because Twitter was responding to government pressure. | Sean Rayford/Getty ImagesA federal appeals court panel sounded skeptical Wednesday about reviving former President Donald Trump’s lawsuit over being banned from Twitter two years ago.
“That’s a very, very small group of Congress,” Judge Mark Bennett said. “Why do statements from, let’s say, four senators at a committee hearing all of a sudden commit all of the power of the federal government to create state action here? … I don’t know of any case that stands for that proposition.”posted just once
During the arguments, Kozinski told Bennett that the ouster of House Speaker Kevin McCarthy this week illustrates how one doesn’t need a large number of lawmakers to have a major impact. In recent months, Kozinski and Trump’s other lawyers detected an opening for his Twitter lawsuit — and similar suits Trump has filed against other social media companies — through evidence obtained in a separate lawsuit brought by the attorneys general of Missouri and Louisiana. Those states claim that the Biden administration violated the First Amendment by intensely urging the platforms to remove certain content related to elections, Covid vaccines and other issues.
Bybee also repeatedly raised the possibility of the appeals panel leaving the appeal unresolved until the Supreme Court rules inabout the constitutionality of Florida and Texas laws aimed at preventing what critics call censorship by social media firms.
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