New Trump lawsuit says Facebook is a state actor, bound by the First Amendment.

[LetMyPeopleVote]

Link to tweet

PSA on First Amendment

[Ocelot II]

1. I hope whichever lawyer came up with that nonsense got paid in advance.

Not that he deserves more than minimum wage for it.

[LetMyPeopleVote]

2. No decent attorney will work for TFG without a large retainer

[Ocelot II]

3. No decent attorney will work for TFG, period.

These days he can get only indecent ones.

[LetMyPeopleVote]

15. It may be that TFG got some contingent fee class action lawyers to take this case

This does not look like a good contingent fee case to me. It is a class action which puts some pressure to get a settlement. There is no state actor here and this case should not survive a motion to dismiss

[Ocelot II]

16. There's no way in hell this "class" would ever be certified as such.

The requirements for class certification are difficult to meet:

To proceed as a class action Rule 23 requires that the district court make the following findings: (1) the number of class members renders it impracticable to join them in the action, (2) the class members' claims share common questions of law or fact, (3) the claims or defenses of the proposed class representatives are typical of those for the rest of the class, and (4) the proposed class representatives will adequately protect the interests of the entire class. FRCP, Rule 23(a).

Furthermore, in addition to the numerosity, commonality, typicality and adequacy of representation requirements of Rule 23(a), the district court must make at least one of the following findings: (1) requiring separate actions by or against the class members would create the risk of inconsistent rulings, or that a ruling with respect to individual class members may be dispositive of other class member claims thereby “substantially impair[ing] or imped[ing] their ability to protect their interests”; (2) the party against whom the class seeks relief “has acted or refused to act on grounds generally applicable to the class” so that injunctive or declaratory relief as to the entire class would be appropriate; or (3) common questions of law or fact common “predominate” over class member specific questions, and that proceeding by way of class action would be “superior to other available methods” for resolving the dispute. FRCP, Rule 23(b).

https://www.law.cornell.edu/wex/class_action

The only reason he's calling this a class action is to get people to sign up to be members of the class so he can dun them for contributions. The certification motion will fail but the grift will continue.

[LetMyPeopleVote]

22. This is a fundraising gimmick

I agree with Steve Benen

Link to tweet

Complicating matters just a bit more, there have been related cases along these lines, and they've all failed: private social-media companies are not arms of the government, judges have ruled, and they have the authority to regulate content. Similarly, Section 230 of the Communications Decency Act, which protects companies from such lawsuits, still exists, Trump's incessant whining about the provision notwithstanding.

So why bother? Why go through the motions with a misguided public-relations stunt, rooted entirely in dubious claims and conspiracy theories that don't make any sense?

There's no great mystery here: "Before Mr. Trump was done speaking, both the National Republican Congressional Committee and the National Republican Senatorial Committee had sent text messages about the lawsuit and asked for contributions. Mr. Trump's political action committee sent its own solicitation shortly after the event ended. 'Donate NOW,' it said."

I don't doubt that many will fall for this. Republican voters who've been conditioned to believe that Twitter and Facebook are big meanies toward conservatives will likely grab their credit cards to show their support for Trump and this pointless exercise.

But that doesn't mean this lawsuit has merit; it means the opposite

[Ocelot II]

23. Absolutely. Sign up to be part of the class and you're on the fundraising list forever.

[rickford66]

4. If any courts agree with Trump, that would be the final nail.

Start planting the bananas.

[ScratchCat]

5. Is this supposed to be some kind of joke?

No attorney came up with that laugh riot unless it was meant in jest.

[ck4829]

6. So... they're arguing for the nationalization of Facebook? That Facebook is already nationalized?

[dawg day]

7. Facebook's stockholders might be interested to hear that.

Where does Trump find these attorneys?

Oh, right, remember the big-dck toilet attorney he put in as ACTING AG. That's the sort of lawyer who will work with him.

[mahatmakanejeeves]

8. What vacationing judge is going to have to put down his fly fishing rod long enough to

Last edited Wed Jul 7, 2021, 12:55 PM - Edit history (1)

give that a two-word response?

{edited to change "Why" to "What" in title}

[LetMyPeopleVote]

11. Trump brags he's relying on Big Tobacco lawyers in his battle against Twitter and Facebook

It may that this is a contingent fee case. If so, this is a long shot. I know some of the lawyers who did the Texas tobacco case and they are not part of this lawsuit.

Link to tweet

"In the end, I am confident that we will achieve a historic victory for American freedom and, at the same time, freedom of speech," he said. "So I want to thank all of the exceptional legal team behind this effort. In particular, John Cole. We have a lot of the tobacco lawyers. You know, I said, who are the best lawyers, as well? The tobacco lawyers seem to do a very good job, so I figured, let's see if they want to do it, and they really wanted to do it. We have great great talent."

[RainCaster]

20. Because he loves losers

[NCDem47]

9. Facebook handed the platform to Trump in 2016 and 2020.

And just because he can’t screech from it now, it’s a problem?

[lagomorph777]

10. It is a state actor.

But the Russian state is not bound by the First Amendment.

[malaise]

12. OK then

[muriel_volestrangler]

13. Good follow-up by that tweeter

"In what constitution universe can it be the case that Trump wasn't a state actor when he blocked critics from his social media accounts but the social media companies were state actors when they blocked him?"

[jmowreader]

14. An AJ Liebling quote comes to mind

“Freedom of the press is only guaranteed to those who own one.”

Everyone who joins a social media service agrees to its terms of service. Facebook, Twitter, Instagram et al allowed Trump to violate the TOS with impunity because they considered it important for their users to hear from their president…but now that he’s not president, he has to behave. Since he can’t, off he goes.

[LetMyPeopleVote]

17. Some one is having fun laughing at the lawyers who signed this Piece of Shit lawsuit

Link to tweet

Link to tweet

[monkeyman1]

18. dufus TFG is up to ambulance chasers now !! lock up this pos !!

[Yavin4]

19. This is why they give judges a gavel.

So that they can beat lawyers over the head with it when they waste their time with bullshit like this.

[KS Toronado]

21. And the sad part is when a Judge throws it out........

Qrump will accuse the Judge of something, and the next thing we hear is that the Judge
is getting death threats for being disloyal.

[Colgate 64]

24. Next time DumbDumb should get a lawyer

who 1) is a real lawyer and 2) has passed the Bar exam.

[WarGamer]

25. That's not the target of the lawsuit.

https://slate.com/technology/2020/10/clarence-thomas-section-230-cda-content-moderation.html

Clarence Thomas Is Begging Someone to Sue Over Conservatives’ Most-Hated Internet Law




I suggest reading the article, you'll better understand what's going on.