Frank LoMonte, University of Florida College of Journalism and Communications Brechner Center for Freedom of Information director, is the author of “Trump Can’t Beat Facebook, Twitter and YouTube in Court – But the Fight Might Be Worth More Than a Win” published in The Conversation on July 8.

In the article, LoMonte focuses on former President Trump’s recent lawsuits against social media companies for blocking him on their platforms.

According to LoMonte, “As a First Amendment and media law scholar, I believe the former president knows he can’t win in court. Here’s why – and why even his most ardent supporters don’t really want him to.”

“Trump’s lawsuit barrage seeks not just to overturn his own bans but to invalidate a 1996 federal statute, Section 230 of the Communications Decency Act, that entitles website operators to choose who and what appears on their pages without fear of liability,” said LoMonte. “His attorneys are arguing – creatively, but I believe without much legal foundation – that the Communications Decency Act is unconstitutional in that Congress has given platforms too much speech-policing power.”

He adds, “Social networks have enforced their ‘content moderation’ rules spottily and without much transparency. That’s a bad business practice, and it’s arguably unfair. But the Constitution doesn’t offer a remedy for all of life’s adversities. It certainly doesn’t offer one for Donald Trump here.”

“Tilting at Silicon Valley appeals directly to Trump’s populist followers, many of whom probably suspect that their own clever tweets failed to go viral only because the system is rigged against them,” he said. “But even if, as experts suggest, Trump’s case is destined to fail, dismissal would be yet another headline and fundraising hook.”

Posted: July 9, 2021
Category: Brechner Center, College News
Tagged as: Brechner Center for Freedom of Information, First Amendment, Frank LoMonte