But Trump lost his re-election and Twitter canceled his account, prompting the Supreme Court to tell the lower court to overturn the judgment and dismiss the case as moot.
There were no dissent noted with the order, but Judge Clarence Thomas wrote separately to say that the court will at some point have to consider the power of tech media companies.
It is unprecedented, Thomas wrote, to have control of so much speech in the hands of a few private parties. We will soon have no choice but to examine how our legal doctrines apply to highly concentrated private information infrastructures such as digital platforms.
The Ministry of Justice had asked the Supreme Court to declare the case moot.
Since the @realDonaldTrump account is personally owned by Mr. Trump, he will continue to have control of that account after his term ends, subject to Twitters’ terms of service, the ministry said in a brief. After the investiture, however, Mr. Trump will no longer be a party to this case, as the respondents only sued him in his official capacity.
Twitter suspended the account on Jan.8, two days after a crowd of Trump supporters stormed the U.S. Capitol in a failed attempt to reverse its electoral defeat by preventing lawmakers from tallying electoral college votes.
The organization that brought the lawsuit, the Knight First Amendment Institute at Columbia University, has asked the Supreme Court not to disturb the lower court’s decision.
The public interest in preventing objectionable point-of-view discrimination in government-run social media accounts weighs heavily in favor of upholding the Second Circuits ruling, he said in a brief. He cites a Supreme Court precedent that social media platforms like Twitter offer perhaps the most powerful mechanisms available to a private citizen to make their voice heard.
The case had been renamed Biden v. Knight First Amendment Institute.
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