DENIED: Obama-Appointed Federal Judge Dismisses Trump Lawsuit Against Twitter For ‘Failure To Plausibly State A Claim’

Justin Sullivan, Getty Images

Federal Judge James Donato has dismissed former President Donald Trump‘s lawsuit against Twitter, stating that Trump’s suit failed “to plausibly state a claim.”

Trump filed suit over Twitter’s decision to ban him from the platform following the Trump-incited Capitol insurrection, but Judge Donato — who was appointed to the United States District Court for the Northern District of California by then-President Barack Obama in 2013 and confirmed by a 90 to 5 margin in 2014 — dismissed that suit this week:

A judge dismissed a lawsuit former President Trump brought last year against Twitter and its then-CEO Jack Dorsey. The social media giant had sought to dismiss the suit, which Trump filed after Twitter banned him from its platform, for “failure to plausibly state a claim.”

Trump, the American Conservative Union and five other people claimed Twitter violated their right to free speech under the First Amendment after it “censored” their accounts. U.S. District Judge for Northern California James Donato rejected their argument because Twitter is a private company, and the free speech clause in the Constitution applies only to the government. The judge found no evidence that Twitter acted on behalf of government officials, as plaintiffs also alleged.

The plaintiffs also accused Twitter of violating two Florida acts — the Florida Deceptive and Unfair Trade Practices Act and the Stop Social Media Censorship Act. The lawsuit, which was originally filed in Florida, was moved to Northern California, where Twitter is located.

Trump and the other plaintiffs have until May 27 to file an amended complaint, according to CBS News.

Trump was banned permanently by Twitter after the attack on the Capitol, but there has been heavy speculation that billionaire Elon Musk could reinstate Trump’s privileges once he assumes control of the company.

Ironically, Judge Donato’s original nomination was returned by the Senate, and President Obama re-nominated him — on January 6, 2014.

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