PRAYER FOR RELIEF
WHEREFORE, Plaintiff Donald J. Trump and the Class respectfully requests that the
Court enter an Order certifying this case as a class action, appointing Plaintiff as Class
Representative and appointing Plaintiff’s counsel as Lead Class Counsel and that the Court
Order, adjudge, and decree in favor of Plaintiff and the Class against the Defendants for:
A. An award of Compensatory and Punitive damages to the Plaintiff and the Class in an
amount to be determined at trial;
B. An injunction and declaratory judgment ordering Twitter to immediately reinstate the
Twitter accounts of Plaintiff and Putative Class Members;
C. An injunction and declaratory judgment ordering Twitter to remove its warning
labels and misclassification of all content of the Plaintiff and the Class and to desist
from any further warnings or classifications;
D. Adjudgment declaring Sections 230(c)(1) and (c)(2) of the Communications Decency
Act of 1996 unconstitutional;
E. An award of attorneys’ fees and costs to Plaintiff and the Class in an amount to be
determined at trial; and
F. An award of punitive damages to Plaintiff and the Class in an amount to be
determined at trial.
G. An award of such other and further relief as the Court may deem just and proper.
This looks (to my non lawyer eye) like the legal equivalent of watching a yogi master attempt a stretch normal people would think impossible.
Twitter has increasingly engaged in impermissible censorship resulting from
threatened legislative action, a misguided reliance upon Section 230 of the Communications
Decency Act, 47 U.S.C. § 230, and willful participation in joint activity with federal actors.
Defendant Twitter’s status thus rises beyond that of a private company to that of a state actor,
and as such, Defendant is constrained by the First Amendment right to free speech in the
censorship decisions it makes.
Defendants deplatformed Plaintiff at the behest of, with cooperation from, and
with the approval of, Democrat lawmakers.
Akin to forcing a round peg into a square hole, Twitter declared that specific
Twitter posts of Plaintiff had violated its self-composed “Twitter Rules.” Countless other Twitter
Users have not been as fortunate, with Twitter taking detrimental action against their accounts
with no explanation whatsoever.
If Defendants’ use of an unconstitutional delegation of authority to regulate free
speech under pressure from Congress can effectively censor and impose a prior restraint on the
protected political speech of a sitting President of the United States, then the threat to Putative
Class Members, our citizens, and our United States Constitution and form of government, is
imminent, severe, and irreparable.
Plaintiff respectfully asks this Court to declare that Section 230 on its face is an
unconstitutional delegation of authority and that the Defendants’ actions directed at Plaintiff and
Putative Class Members are a prior restraint on their First Amendment right to free speech, to
order the Defendants to restore the Twitter account of Plaintiff, as well as those deplatformed
Putative Class Members, and to prohibit Defendants from exercising censorship, editorial
control, or prior restraint in its many forms over the posts of President Trump and Putative Class
Member
edit: added clause 3 where they declare Twitter the Goverment.
So one thing I get out of this is that Jason Miller is going to be severely disappointed. If Trump joins the Guttr or any of these other wannabe sites it weakens the arguments (and I use that term loosely) made in this case.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Twitter. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
Facts and the law don’t matter. Right now Trump-world is going crazy with how amazing Trump’s “David” is for taking on big-media’s “Goliath.” He’s just firming up his god status with them.
When this is thrown out without even a review, the same people will complain about Liberal judges but never once question whether the suit had any merit.
IANAL, but it seems to me that making the president a representative of a class of private citizens is about as much of a stretch as all the other ridiculous stretches in the suit, especially given that the complaint itself shows that Twitter distinguished between him and the other putative class members in its actions.
Anyway, this week’s All The President’s Lawyers should be fun.
All Twitter platform Members who reside in the United States, and between June 1, 2018, and today, had their access to their social media accounts wrongly restricted or curtailed by these Defendants and who were damaged thereby.
