Florida Man sues Facebook, Twitter, YouTube for account ban
- Reference: 1625689202
- News link: https://www.theregister.co.uk/2021/07/07/florida_man_sues_social_media/
- Source link:
The former political office holder, known among other things for a [1]cancelled reality TV series , a [2]discontinued steak business , a [3]failed casino , and a [4]shuttered business training school , accused the social networks of violating the First Amendment of the US Constitution by closing his accounts and deplatforming him.
Booted from the aforementioned internet services for statements deemed to have encouraged or incited [5]the storming of the US Capitol by tooled-up [6]tourists , the plaintiff is also seeking to have the courts declare Section 230 of America's Communications Decency Act unconstitutional.
[7]
First Amendment scholars were quick to ridicule the complaints.
The First Amendment does *not* apply to non-governmental actors. Full stop. [8]https://t.co/FAmXafuOZZ — Steve Vladeck (@steve_vladeck) [9]July 7, 2021
In an effort to overcome that legal obstacle, the man's complaint against Facebook
[10]PDF
asserts that the internet ad giant's status "rises beyond that of a private company to that of a state actor."The complaints against Twitter
[11]PDF
and YouTube[12]PDF
make largely identical claims, arguing in essence that the defendant social media companies are part of the US government. All three cases, joined by assorted other individuals, were filed in Florida, which recently passed [13]a social media law that has been challenged as unconstitutional.[14]
[15]
Facebook, Google, and Twitter did not immediately respond to requests for comment. The respective companies can be expected to ask that the cases be removed to California, per their terms of service, and that the claims be dismissed for legal deficiencies.
[16]A real go-GETTR: Former Trump aide tries to batter Twitter by ripping off its UI
[17]US Supreme Court rules teens cussing out schools on social media is protected speech
[18]Prez Biden narrowly escapes cicada assassination attempt, hunkers down in Cornwall
[19]Biden cancels Trump's bans on TikTok, WeChat, other Chinese apps
In an email to The Register , Eric Goldman, Associate Dean for Research and Professor at Santa Clara University School of Law and Co-Director, High Tech Law Institute, said he can't imagine the plaintiff expects to win his cases, noting that hospitality industry magnate doesn't seem to care that his legal arguments are weak.
"In particular, most of the arguments he's making have been tried in court by others and have failed decisively," said Goldman. "His lawsuits have no realistic chance of success."
Goldman said the golfing enthusiast, often seen at his Mar-a-Lago resort in Florida, "rarely files lawsuits because he expects to win, and he often doesn't invest much energy in lawsuits after they've been filed. He usually is seeking some other payoff from litigation. In this case, that payoff is almost certainly the media coverage he will get. He's never held accountable for bringing stupid cases and making stupid arguments in court."
[20]
The septuagenarian, whose mental state was repeatedly [21]questioned during his four-year stint in public office, is also asking the court to award monetary compensation, something he's also [22]seeking from political donors. Meanwhile, his organization and its chief financial officer face [23]criminal tax charges in New York. ®
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[1] https://www.cbsnews.com/news/donald-trump-officially-fired-from-the-celebrity-apprentice/
[2] https://www.youtube.com/watch?v=LyONt_ZH_aw
[3] https://www.theguardian.com/us-news/2021/feb/17/trump-casino-demolished-atlantic-city-failed
[4] https://www.nbcnews.com/politics/white-house/federal-court-approves-25-million-trump-university-settlement-n845181
[5] https://www.theregister.com/2021/01/06/us_congress_trump_stormed/
[6] https://www.politifact.com/factchecks/2021/may/13/andrew-clyde/ridiculous-claim-those-capitol-jan-6-resembled-nor/
[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YOYkAKGHB0z8FF8DEhnUogAAAAU&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[8] https://t.co/FAmXafuOZZ
[9] https://twitter.com/steve_vladeck/status/1412800983676198913?ref_src=twsrc%5Etfw
[10] https://storage.courtlistener.com/recap/gov.uscourts.flsd.595800/gov.uscourts.flsd.595800.1.0_2.pdf
[11] https://storage.courtlistener.com/recap/gov.uscourts.flsd.595801/gov.uscourts.flsd.595801.1.0.pdf
[12] https://storage.courtlistener.com/recap/gov.uscourts.flsd.595803/gov.uscourts.flsd.595803.1.0.pdf
[13] https://www.theregister.com/2021/05/28/florida_law_social_media/
[14] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YOYkAKGHB0z8FF8DEhnUogAAAAU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[15] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YOYkAKGHB0z8FF8DEhnUogAAAAU&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[16] https://www.theregister.com/2021/07/02/gettr/
[17] https://www.theregister.com/2021/06/25/us_supreme_court_rules_teens/
[18] https://www.theregister.com/2021/06/10/biden_cicada_attack/
[19] https://www.theregister.com/2021/06/10/biden_china_apps/
[20] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YOYkAKGHB0z8FF8DEhnUogAAAAU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[21] https://www.scientificamerican.com/article/the-shared-psychosis-of-donald-trump-and-his-loyalists/
[22] https://twitter.com/NYTnickc/status/1412804622591406080?s=20
[23] https://www.msnbc.com/opinion/trump-organization-charges-could-open-indictment-floodgates-n1273078
[24] https://whitepapers.theregister.com/
Surprised it took this long
In the land of the lawyers I’m surprised it took the Orange One this long to get around to lodging his sue balls.
Even if he didn’t want to sue I'm sure the army of lawyers relishing the gravy train would have been talking up a deal.
All involved are douche bags.
Re: Surprised it took this long
DJT is never going to pay them. He never does.
It's the plot of 'The Producers'.
Trump wants to raise funds through donations, then when the lawsuit is thrown out, he keeps the money and yells about how badly he's been treated.
Re: It's the plot of 'The Producers'.
Great... I've now got "Springtime for Hitler" as an earworm ...
Re: It's the plot of 'The Producers'.
Springtime for Trumpy, and Q-anon.
Winter for Facebook, and Twitter too.
Re: It's the plot of 'The Producers'.
Could be worse. There's The Sound of Music. Ooops. Sorry about that.
Re: It's the plot of 'The Producers'.
Kinda tempting to hope FB et al don't seek to get this thrown out, so that the mounting legal bills exceed the donations.
Lovely post. I like how the orange buffoon is listed without using his name.
Indeed. I notice he's filed in his official capacity of "just some guy" (credit: Mitchell & Webb)
Oh! Oh! This is awesome!
Now you can officially & legally brand him a vexacious litigant, slap him with the requirement to pay the legal fees of the defendants, fine him on top of that for wasting everyones time, & bar him (or any lawyer licensed to practice in America) from filing another lawsuit ever again. If he can't file one & his lawyers can't file one on his behalf, all those vote fraud cases will stop like a rollerskater doing a faceplant into a brick wall.
Please oh please oh PUH-LEEEEEZE mister judge, please bitch slap that bastard so hard his skull spins like the intake on a jet engine!
Oy!
He's NOT a Florida Man! He's a New Yorker! Don't blame us for the toxic waste spewed by the Monster On The Hudson!
Re: Oy!
But hasn't Florida's governor effectively made the Orange Boil on Everyone's Butt an honorary Florida Man?
Re: Oy!
No no no. He's an "Aberdeenshire business owner":
https://www.buchanobserver.co.uk/news/aberdeenshire-business-owner-wins-presidential-election-2122557
Future actors
It only applies to government actors, so... is this a sign that FB and TW will finally be recognized as such?
Grifter
And so begins the next phase of this grifter's drive to fill his coffers with other people's money. Get your checkbooks[sic] out, America!