Analysis: Trump Can Win His Case Against Big Tech

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Big Tech is in big trouble.

An Op-Ed in The Wall Street Journal lays out that Trump can win his case against Big Tech.

Despite the Fake News media saying that he can’t.

From The Wall Street Journal: 

The media has panned Donald Trump’s First Amendment lawsuits against Facebook, Twitter and YouTube: “sure to fail,” “as stupid as you’d think,” “ridiculous.” Mr. Trump’s complaint omits important precedents, facts and claims for relief, but there’s a strong case to be made that social-media censorship violates the Constitution. If his lawyers do better in court than in their initial filing, Mr. Trump can win.

It’s true that the First Amendment ordinarily applies to the government rather than private companies. But the central claim in Mr. Trump’s class-action lawsuit—that the defendants should be treated as state actors and are bound by the First Amendment when they engage in selective political censorship—has precedent to back it up. Their censorship constitutes state action because the government granted them immunity from legal liability, threatened to punish them if they allow disfavored speech, and colluded with them in choosing targets for censorship.

The Supreme Court held in Norwood v. Harrison (1973) that the government “may not induce, encourage, or promote private persons to accomplish what it is constitutionally forbidden to accomplish.” As Jed Rubenfeld and I argued in these pages in January, that’s what Congress did by passing Section 230(c)(2) of the 1996 Communications Decency Act, which permits tech companies to censor constitutionally protected speech and immunizes them from state liability if they do so.

The high court has repeatedly held that federal immunity pre-empting state law can transform a private party’s conduct into state action subject to constitutional scrutiny. In Railway Employees’ Department v. Hanson (1956), the justices found state action in union-employer agreements because Congress had passed a statute immunizing such agreements from liability under state law. In Skinner v. Railway Labor Executives Association (1989), the court again found state action in a private company’s conduct because federal laws immunized companies from liability if they tested employees for drugs.


Trump is joining Bill O’Reilly tonight for an interview.

The First TV tweeted out a small snippet of the interview.

In the interview, Trump tells Bill O’Reilly that he is prepared for war with Big Tech.

He says that he believes they already have enough to win the case.


Earlier today, Trump announced major lawsuits against Big Tech.

The America First Policy Institue applauded it.

Trump Announces Major Lawsuit Against Big Tech–America First Policy Institute Applauds

He also gave us insight into what he wants out of the lawsuits.

According to Trump, there are no plans for this to end in a settlement.

From Newsmax:

Former President Donald Trump, while speaking to reporters following his announcement over lawsuits he’s filing against the CEOS of big tech giants Facebook, Twitter, and Google, flatly dismissed the possibility of a settlement before the class-action lawsuits would head to trial.

“We’re not looking for a settlement,” Trump commented. “We don’t expect to settle. They fight and they fight hard. They’ve never had anything like this…we don’t know what’s going to happen, but we’re not looking to settle.”

Trump has announced class-action lawsuits against tech giants Twitter, Facebook, and YouTube parent company Google, over their “unlawful” censorship of him and other conservatives, after the social media giants banned him from posting in the wake of the Jan. 6 attack on the U.S. Capitol.

“We’re demanding an end to the shadow-banning, a stop to the silencing, and a stop to the blacklisting, banishing, and canceling that you know so well,” Trump said during an appearance at his golf resort in Bedminster, New Jersey, Wednesday morning.

You can watch the full press conference here:

Here is the full Q&A

The Palmieri Report is a Pro-America News Outlet founded by Jacob Palmieri four years ago at the age of 19. Since its founding, it has gotten over 2M pages views and over 20k followers. The Palmieri Report is dedicated to giving people the truth so that they can form their own informed political opinions.


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