Dayton Daily News

Florida judge sends Trump suit against Twitter to California

- By Curt Anderson

ST. PETERSBURG, FLA. — Former President Donald Trump’s lawsuit to get his Twitter account restored must be heard in a Califor- nia court, not a Florida one, under a user agreement covering everyone on the social media platform, a federal judge ruled.

U.S. District Judge Robert Scola in Miami rejected Trump’s contention that because his Twitter account was suspended during his last days as president the California court requiremen­t did not apply to him.

The requiremen­t, known as a forum selection clause, was in force when Trump originally joined Twitter as a private citizen in 2009, Scola wrote in his order issued Wednesday.

“First, Trump’s former status as the president of

United States does not preclude the applicatio­n of the forum selection clause. Second, the forum selection clause is valid and mandatory,” Scola wrote in a 13-page order.

The decision me a ns Trump’s lawsuit will be heard in a northern Cali- fornia federal court instead of in Miami. A similar lawsuit by Trump against YouTube has also been transferre­d from Florida to California, while yet another Trump lawsuit against Facebook remains in Miami for now.

Twitter banned Trump’s account on Jan. 8, two days after his supporters entered the U.S. Capitol while Congress was certifying the vic- tory of Democrat Joe Biden in the 2020 presidenti­al elec- tion. In making the decision, Twitter cited “the risk of fur- ther incitement of violence” following the protests.

So far, more than 680 people have been charged with crimes stemming from the protests and a congressio­nal committee is examining what led up to the riot.

Trump and other conservati­ves sued Twitter on July 7, saying that the decision to suspend his account violates his First Amendment rights and amounts to an attempt to censor conservati­ve voices under coercion from Democrats.

At the time, Trump’s @ realdonald­trump account had more than 88 million followers on Twitter.

Twitter’s user agreement states that all legal actions against the San Francisco-based company must be brought only in northern California state or federal courts. Scola’s ruling found that Trump did not make the required legal showing to keep the case in Florida, where Trump has his Mar-aLago resort in Palm Beach.

“Twitter’s forum selection clause is mandatory, not permissive,” Scola wrote.

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