Trump’s Lawsuit Against Big Tech is Meaningless

I’m a little late on this news.

But you know how things go.

It’s relevant enough to report on, fo sho (unlike a lot of other stuff Donald Trump has going on right now).

ABC News:

Former President Donald Trump said Wednesday that he is filing class action lawsuits against three of the country’s largest tech companies — Facebook, Twitter, and Google — all of which have banned the former president from their social media platforms.

At a press conference at his Bedminster, New Jersey, golf club, Trump announced a “major class action lawsuit” against the three companies, demanding “a stop to the blacklisting, banishing, and canceling that you know so well.”

The former president is currently banned from Twitter and Facebook — as well as YouTube, which is owned by Google — following the Jan. 6 attack on the U.S. Capitol.

The lawsuits, which were filed in U.S. District Court for Florida’s southern district, argue that all three companies are actually government entities.

“Defendant Facebook has increasingly engaged in impermissible censorship resulting from threatened legislative action, a misguided reliance upon Section 230 of the Communications Act , 47 U.S.C. § 230, and willful participation in joint activity with federal actors,” the complaint against Facebook says. “Defendant Facebook’s status thus rises beyond that of a private company to that of a state actor. As such, Defendant is constrained by the First Amendment right to free speech in the censorship decisions it makes regarding its Users.

“This lawsuit argues that these social media platforms are bound by the First Amendment because they are the equivalent of government actors. It’s hard to imagine any judge in the country agreeing with them on this point,” ABC News analyst and former Justice Department spokesperson Sarah Isgur said regarding the suits. “Given that Donald Trump is no stranger to litigation, he would also know that if this lawsuit isn’t dismissed on those grounds, he would be deposed, including about events around Jan. 6.”

The accusation is that this is just a fundraising campaign. Maybe it is, I don’t know. But the argument is correct. All of these tech companies are so enmeshed with the government, playing such a primary role in the functionality of the government, that it is impossible to frame them as private companies simply operating in an open market. All of them were effectively chosen to obtain monopoly status.

There are also other, better arguments, in particular that the tech companies are common carriers, like the telephone companies, which must provide universal service. The CEO of Cloudflare made this argument when he was complaining about having been forced to ban me. However, the courts have previously shown that they are not responsive to that argument. So Trump is trying a different argument.

Of course, the courts will reject this as well. The thing here is, this country is lawless. The government is operating now, at least on the highest levels, as a tyranny. What tyranny means is that you simply do not have any recourse if you’ve been wronged.

Note please that “tyranny” is not the same thing as “not democratic.” The United States was never particularly democratic until the late 19th century, but we always had protected freedoms and the ability to petition grievances, even when many of us were landless peasants who could not vote. Furthermore, in an authoritarian system like Chinese communism, you have rights to petition the government, a right to a fair hearing, a fair trial, and so on. Very few actual tyrannies have existed in history, and they are usually associated with a “mad king” type situation. The king is usually killed by one of his relatives, and then order is restored.

This current system is not at all sustainable, and it is actually confusing how any of the rulership believes that it is. Apparently, they just think they’re going to implant us all with microchips and control our thoughts.

But yeah – for the time being, no court is going to be responsive to any argument claiming you have any of the traditional personal freedoms enumerated in the Magna Carta. If there is a random win, like in the Bill Cosby case, it is just going to be a fluke.

Even the Cosby case lacks consequence. Maybe there will be a slight backing down by prosecutors from the craziest rape hoax stuff for a while, but the trend is clear: any form of heterosexual sex is de facto illegal and it can be prosecuted if a woman decides to prosecute it. A man who has engaged in any kind of heterosexual sex has no recourse.

Frankly, the way Cosby got off was especially not meaningful, given that the entire prosecution of the case was illegal. The relevance is really only symbolic.

So, point being: don’t start hoping!

I guess Trump has to sue, I don’t know what else he can do. But nothing will happen.

Trump’s best bet at this point is to become a UFC promoter.