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Florida Judge Rules Trump Isn’t Exempt From Twitter’s Terms of Service, Sends Lawsuit to CA

Florida Judge Rules Trump Isn’t Exempt From Twitter’s Terms of Service, Sends Lawsuit to CA

[Writer’s Disclosure: I was blocked by Donald Trump on Twitter in September 2015 and was never unblocked before his account was permanently suspended, despite the fact that he violated Twitter’s Terms of Service by having any accounts blocked while he was in office. I am also blocked by Ivanka, Eric, and Donald Trump, Jr]

Donald Trump cares even more about restoring his Twitter account than he cares about ducking a potential subpoena from the January 6th Committee. Bereft of his huge social media platforms, Trump has been reduced to one failed internet blog and an obvious SPAC scheme while sending out odd press releases via his spokesperson, Liz Harrington.

Twitter banned Trump’s account on January 8th, two days after his supporters stormed the U.S. Capitol while Congress was certifying the victory of Democrat Joe Biden in the 2020 presidential election. In making the decision, Twitter cited “the risk of further incitement of violence” following the deadly insurrection. Trump has sued in his home state of Florida to have his Twitter account restored, but the lawsuit must be heard in a California court, not a Florida one, under a user agreement covering everyone on the social media platform, a federal judge has now ruled.

SAN ANSELMO, CALIFORNIA – MAY 29: In this photo illustration a notification from Twitter appears on tweet by U.S. President Donald Trump that the social media platform says violated its policy on May 29, 2020 in San Anselmo, California. Twitter has started to flag some of President Trump’s tweets that violate the company’s terms. (Photo by Justin Sullivan/Getty Images)

U.S. District Judge Robert Scola in Miami rejected Trump’s contention that because his Twitter account was suspended during his last days in office, the California court requirement did not apply to him. Known as a forum selection clause, the requirement was in force when Trump originally joined Twitter as a private citizen in 2009, Scola wrote in his order issued Wednesday.

Twitter’s user agreement states that all legal actions against the San Francisco-based company must be brought only in northern California state or federal courts. Scola’s ruling found that Trump did not make the required legal showing to keep the case in Florida, where Trump has his Mar-a-Lago resort in Palm Beach.

Trump’s Twitter lawsuit will be heard in a northern California federal court along with a similar lawsuit by Trump against YouTube which has also been transferred from Florida. Yet another Trump lawsuit against Facebook remains in Miami for now.

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Trump and other conservatives sued Twitter on July 7, claiming that the decision to suspend his account violates his First Amendment rights and amounts to an attempt to censor conservative voices under coercion from Democrats. At the time he was banned, Trump’s @realdonaldtrump account had more than 88 million followers.

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