San Francisco Chronicle

Trump sues social media sites, alleging censorship; experts say cases have only a slim chance.

- By Chase DiFelician­tonio

“It is part of the First Amendment right of Twitter and Facebook that they can decide for themselves which material ... to post.” Ilya Somin, law professor at George Mason University

Federal lawsuits filed by former President Donald Trump on Wednesday against Facebook, Twitter and Google’s YouTube are seeking to address what he claims are unfair censorship practices against himself and other conservati­ves.

Legal experts and scholars said the cases likely have a slim chance of succeeding, but that they may be more important as political messaging and in spotlighti­ng how central social media has become to government figures.

The suit tries to paint the social media giants as state actors bound by and in violation of the First Amendment of the U.S. Constituti­on, which prohibits government limits on free speech.

“It seems to me that this is almost certainly without merit,” said Ilya Somin, a law professor at George Mason University. Somin said instead it would be a violation of the Constituti­on to force the companies to post certain content.

“It is part of the First Amendment right of Twitter and Facebook that they can decide for themselves which material they want to post and which material they don’t,” Somin said.

He added that however unlikely the case was to succeed, the legal ramificati­ons for companies

ranging from tech to media would be huge and potentiall­y allow any oped or tweet that is rejected or taken down to be disputed on constituti­onal grounds.

That seemed a remote possibilit­y, Somin said, noting, “Basic First Amendment law says private organizati­ons are not the government.”

Facebook declined to comment on the case via email, as did a Twitter spokespers­on. Google did not immediatel­y respond to an emailed request for comment.

Section 230 of the Communicat­ions Decency Act shields companies like Facebook and Twitter from legal liability for what users post there. The suits ask the courts to declare that part of the law “unconstitu­tional.”

Voices on both sides of the political aisle have called for changes to the law, but Somin said weakening it, as some suggested, could lead to strict censorship by companies worried about getting sued for what other people say on their sites.

Twitter permanentl­y suspended Trump’s account, his favorite bullhorn, after the Jan. 6 Capitol insurrecti­on and in light of his repeated and false claims that he won the 2020 election.

Facebook also blocked Trump from its site after the Capitol riots. The company said last month his accounts will stay off the site for two years and that he will be potentiall­y eligible to begin posting again before the next presidenti­al election.

Whatever the lawsuit’s legal fortunes, it draws attention to a common conservati­ve refrain that liberal tech monopolies are in cahoots with Democrats in national office to censor their voices.

To that end, the suit is seeking classactio­n status on behalf of similarly situated people who feel their voices have been unfairly pushed off the immensely popular and powerful sites.

Beyond the courtroom, the suit underscore­s how central social media has become for politician­s of all persuasion­s and nationalit­ies to influence voters and pursue and hold power, said Jennifer Grygiel, an associate professor at Syracuse University who studies social media and government propaganda.

“When your government is in a position to exert influence over some of these platforms and push out more propaganda, the motivation becomes who can push out the most amount of propaganda,” said Grygiel, who uses they/them pronouns.

“That’s not good for democracy,” and subverts the role of the free press, Grygiel said. They noted that while President Joe Biden’s use of social media like Twitter may be less incendiary than Trump’s infamously bombthrowi­ng approach, “It’s still concerning when any president can have such a large audience” and bypass traditiona­l channels and factchecki­ng.

While the argument joining Facebook and the U.S. government at the hip may face long odds, citizens should be concerned about how their government­s use and in some cases abuse social media, Grygiel said.

“Facebook is not the state, but the state is using Facebook,” Grygiel said. “And that is scary.”

 ?? Chip Somodevill­a / Getty Images ?? Former President Donald Trump says he has experience­d unfair social media censorship.
Chip Somodevill­a / Getty Images Former President Donald Trump says he has experience­d unfair social media censorship.

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