The decision is a victory for Twitter, which had asked Judge James Donato, of the US District Court for the Northern District of California, to toss out the suit.
In throwing out Trump’s case, Donato held that Twitter was not acting as an agent of the US government — as Trump had alleged — when itand was therefore not infringing on Trump’s First Amendment rights to free speech.
“The amended complaint does not plausibly allege a First Amendment claim against Twitter,” the decision said. “Plaintiffs’ first claim is dismissed.” “Donato also threw out Trump’s other claims, such as that Section 230 — the law shielding tech platforms from lawsuits over most user-generated content — is unconstitutional.
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