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Trump’s social media trial includes section 230 constitutional challenge




Former President Donald Trump’s recent lawsuits against Google’s social media giants Facebook, Twitter and YouTube contain a constitutional challenge, meaning that, as required by law, the judges in each case notified the Ministry of Justice (DOJ) and gave them the opportunity to intervene.

“The plaintiffs have filed the lawsuit in this case seeking, among other things, a declaratory judgment that Section 230 of the Federal Communications Decency Act is unconstitutional,” reads a document submitted by the district court on Wednesday. from the United States for the Southern District of Florida, where Donald Trump et al. is listed as a plaintiff in a lawsuit against Facebook Inc. et al.

In another lawsuit where Twitter Inc. and Jack Dorsey are listed as defendants, the district court certification documents read: “The Court hereby certifies to Merrick Garland, Attorney General of the United States, that the plaintiffs have raised such constitutional challenges. The Court hereby provides that Mr. Garland is entitled to sixty (60) days from the date of this notice to intervene on behalf of the United States in this action. “

A response from the Ministry of Justice concerning the intervention or intervention in this constitutional challenge is expected by mid-September.

Section 230 of the Federal Communications Decency Act, which was drafted in 1996, states that “no provider or user of an interactive computer service shall be considered the publisher or speaker of any information provided. by another information content provider. “

The law has been used to create a sort of safe haven in the United States where social media companies can create platforms for free speech, without being held fully accountable for what their members might post. Users of sites such as Twitter and Facebook are required to agree to the terms which include section 230 before they can access the platforms.

By law, platforms are allowed to remove posts that they believe violate their terms or standards as long as they act “in good faith”. Trump’s lawsuit argues that social media platforms are abusing protections. But he also seems to claim that section 230 itself is unconstitutional.

Newsweek has contacted an expert in constitutional law to seek clarification on the prosecution’s arguments.

Experts have said Trump’s social media lawsuits have been muddled by trying multiple arguments at once, many of which have failed in previous lawsuits. “They argued everything under the sun, including the First Amendment, and they got nowhere,” said Eric Goldman, professor of law at the University of Santa Clara. “Maybe he has a trick up his sleeve that will give him a head start on the dozens of lawsuits ahead of him. I doubt it.”

Since former President Donald Trump’s recent lawsuits against Google’s social media giants Facebook, Twitter and YouTube contain constitutional challenges, the Justice Department has been notified and has 60 days to decide whether to intervene or not in the case. Here, Trump speaks at the Conservative Political Action Conference July 11 in Dallas. Brandon Bell / Getty




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