洛杉矶-旧金山法官驳回了前总统唐纳德·特朗普美国的诉讼挑战他的永久禁令推特。
美国地区法官詹姆斯·多纳托周五表示，特朗普未能证明推特侵犯了他的第一修正案言论自由权。言论自由权不适用于私营公司，特朗普也未能证明推特是代表民主党的国家行为者。
“修改后的指控只是提供了一个大杂烩，大意是一些民主党国会议员希望特朗普和他支持的观点在推特上被禁，因为这些‘内容和观点’与那些立法者的偏好观点相反，”多纳托写道但少数民选官员的言论与“国家负责的决策规则”相去甚远。立法者完全可以自由表达意见，而不会被视为“国家”的官方声音。"
2021年7月，特朗普起诉推特、脸书和谷歌的YouTube，声称他们非法审查他。
这些平台在2021年1月6日起义后暂停了特朗普的职务，在那次起义中，他的追随者暴力袭击了国会大厦，试图阻止国会认证乔·拜登的总统胜利。这些公司表示担心他会煽动更多的暴力。
这一裁决是在世界首富埃隆·马斯克以440亿美元收购Twitter的过程中做出的。这笔交易引发了人们对自称言论自由绝对主义者的马斯克是否会让这位前总统复职的质疑。
特朗普继续重复关于他2020年的谎言选举演讲失败后，他开始了自己的社交网络Truth Social。他上周表示，如果有机会，他不会重新加入Twitter。
该诉讼寻求恢复特朗普的账户，该账户大约有8900万粉丝，以及其他五个声称自己也受到Twitter审查的人的账户。该组织代表其他被平台除名的人寻求未指明的损害赔偿和集体诉讼。
法律专家曾预测诉讼会失败，但暗示特朗普会出于政治目的利用它。特朗普的政治行动委员会在去年宣布诉讼后立即开始筹集资金。
该诉讼还寻求宣布1996年《通信体面法》第230条违宪。
该法案称，Twitter等提供商可以通过删除违反其标准的淫秽帖子来缓和服务，并且不能对他人发布的内容负责。
多纳托说，特朗普只是展示了一项“模糊和猜测性的指控”，他认为如果推特没有根据第230条获得豁免权，他就不会被禁。
多纳托又给了川普一次机会来修正他的抱怨。特朗普的律师没有立即回应置评请求。
Judge rejects Trump lawsuit challenging ban from Twitter
LOS ANGELES -- A San Francisco judge tossed out former PresidentDonald Trump’s lawsuit challenging his permanent ban fromTwitter.
U.S. District Judge James Donato said Friday that Trump failed to show Twitter violated his First Amendment right to free speech. Free speech rights don’t apply to private companies and Trump failed to show Twitter was working as a state actor on behalf of Democrats.
“The amended complaint merely offers a grab-bag of allegations to the effect that some Democratic members of Congress wanted Mr. Trump, and ‘the views he espoused,’ to be banned from Twitter because such ‘content and views’ were ‘contrary to those legislators’ preferred points of view,’” Donato wrote. “But the comments of a handful of elected officials are a far cry from a ‘rule of decision for which the State is responsible.’ Legislators are perfectly free to express opinions without being deemed the official voice of ‘the State.’”
Trump sued Twitter, Facebook and Google’s YouTube in July 2021, claiming they illegally censored him.
The platforms suspended Trump after the Jan. 6, 2021, insurrection, in which his followers violently stormed the Capitol building in an attempt to block Congress from certifying Joe Biden’s presidential win. The companies cited concerns he would incite further violence.
The ruling comes as Elon Musk, the world's wealthiest man, is in the process of purchasing Twitter for $44 billion. The deal has raised questions about whether, Musk, a self-described free speech absolutist would reinstate the former president.
Trump, who has continued to repeat lies about his 2020electiondefeat in speeches, has started his own social network, Truth Social. He said last week that he wouldn't rejoin Twitter if given the chance.
The suit had sought to reinstate Trump's account, which had roughly 89 million followers, and those of five others who claimed they were also censored by Twitter. The group had sought unspecified damages and class action status on behalf of others removed from the platform.
Legal experts had predicted the lawsuit would fail but suggested Trump would milk it for political purposes. Trump’s political action committee immediately began raising money after the lawsuit was announced last year.
The lawsuit had also sought a declaration that Section 230 of the 1996 Communications Decency Act was unconstitutional.
The act says providers such as Twitter can moderate services by removing obscene posts that violate their standards and cannot be held responsible for content posted by others.
Trump had only shown a “vague and speculative allegation” that he believed he would not have been banned if Twitter wasn't granted immunity by Section 230, Donato said.
Donato gave Trump another opportunity to amend his complaint. Trump’s lawyer did not immediately respond to a request for comment.
