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Trump’s Big Tech Lawsuit Is Unlikely to Succeed

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Former president Donald Trump announced yesterday in a press conference that he would file a class-action lawsuit against Big Tech companies, including Twitter, Google, and Facebook, claiming their decision to ban his and other plaintiffs’ accounts on various social-media platforms has infringed the plaintiffs’ right to free speech guaranteed by the First Amendment. He demands damages and the reinstatement of his accounts on these social- media platforms as legal remedies.

Big Tech censorship is alarming. Conservative accounts are disproportionately targeted and banned. But Trump’s lawsuit is unlikely to succeed.

The First Amendment protects free speech from infringement by government, not private entities, by guaranteeing that “Congress shall make no law . . . abridging the freedom of speech, or of the press.” To argue that Big Tech’s regulatory policies are unconstitutional would mean proving that these social-media platforms are de facto state actors, a claim Trump and the other plaintiffs made in the legal brief they filed yesterday. Their........

© National Review

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