We would like to invite any black man over the age of 60 (near enough to Trump’s age) to discuss with Trump any one person’s right to join a private club or business. Trump honestly seems to believe that he has a right to be on Twitter, Facebook, Google, etc. The lawsuit sends another very obvious signal. Trump is bothered by his Twitter ban at least as much as being banned from the White House. We have often put the question out there, if someone offered him one or the other back, which would he choose. We firmly believe it’s the Twitter account. Twitter means money to Trump, the White House is potential trouble.
Regardless, according to the New York Post, Trump is lawyered up and letting the paper fly in cooperation with the “America First Policy Institute” PAC, a “charity” under IRS rules (this is priceless, the “PAC” was formed after he left the oval office, by friends, obviously as a vehicle to raise money so that other people pay for this lawsuit.) According to the New York Post:
The request for a preliminary injunction against YouTube argues that a failure to issue one would result in irreparable harm to both Trump as a potential political candidate in the future and the Republican Party as a whole, court documents dated Monday show. Notably, the injunction would allow Trump to continue selling merchandise on YouTube, potentially critical to political fundraising efforts.
Does he have the right to walk into Walmart and set up a stand that says “DONATE TO ME!” and then sue if they ask him to leave? No, he does not, and the principles are not that different on social media platforms.
The three suits, filed in Miami and Fort Lauderdale, Fla., also ask federal judges to overturn the controversial immunity protections granted to internet companies in 1996 by declaring Section 230 of the Communications Decency Act unconstitutional. Katie Sullivan, executive director of AFPI’s Constitutional Litigation Partnership, said YouTube and the other social media platforms have “inconsistently applied their terms and services and their community standards.”
Wow. Sounds like a terrible business, “inconsistently applying their terms,” someone should start another one that applies them consistently and make this one irrelevant. That is how capitalism works. It doesn’t work by judges saying “You are doing a terrible job in consistently applying…” It might work if it was a contract, but no one has a contract with Twitter or YouTube, that would require payments to the companies.
“What they do is say, ‘Hey, look, we have this free and open community you should join where you can share political thought, updates on family, or even have the ability to make a living.’ But the defendants do not apply their rules evenly or consistently — they censor specific voices and thought so that other users only hear one side of a story,” Sullivan said in a phone interview with The Post.
“They encourage users to become reliant on them as one of their main vehicles of communication and in many cases livelihood and now defendants are choosing the winners and losers of society.”
Now, this is an argument that won’t win his lawsuit, but it is a good argument to either bust these companies up using anti-trust provisions and DOJ (My personal favorite. Bust Twitter into 12 little eggs, Give Facebook 20 different faces, etc etc, keep the software the same and compatible across all platforms so that everyone can still talk to everyone, just using different companies, terms of service, perhaps earn points, etc.) Or simply make Twitter, Facebook, Google, and Instagram utilities. These companies do not fit capitalism’s core tenet, competition. The single biggest “product” they sell is “Everyone is on our site,” the only thing they have to sell is their monopoly, not unlike many power companies. So there is no doubt something has to be done, it is just that reinstating Trump isn’t one of them.
His attorneys will be lucky to avoid sanctions for filing these types of suits. He is counting upon MAGA judges all the way up the line and these courts know that there is no legal right to be on these platforms and once you create one, look out because Twitter will suddenly become 80% p*rn, just like the rest of the internet.
Regardless, we wish Trump no luck at all.
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