On Friday, a judge dismissed a lawsuit by former President Donald Trump to lift the ban on Twitter. But San Francisco Federal District Court Judge James Donato left the door open for Trump and other plaintiffs to file an amendment with amendments on Twitter, in line with his written decision Friday to drop the lawsuit altogether. CNBC reports: The social media giant banned Trump on January 8, 2021, citing the risk of inciting further violence following a riot in the Capitol by a crowd of supporters of the then president two days earlier. Trump, the American Conservative Union and five others sued Twitter and its co-founder Jack Dorsey last year from himself and a number of other Twitter users who were downloaded from the program. […] His lawsuit alleges that Twitter violated the plaintiffs’ rights to freedom of speech in the First Amendment, arguing that the bans were caused by pressure on the campaign by Democratic members of Congress.

But in his 17-page ruling, Donato wrote that Trump and other plaintiffs “do not come from a position of strength” with their claim to the First Amendment. Referring to federal case law, the judge noted that “Twitter is a private company, and the First Amendment applies only to government cuts in speech, not to alleged cuts by private companies.” Trump and others explained the government’s actions, which would be the only way to support the statement of violation of the First Amendment. “In general, the amended complaint does not allege that Twitter acted as a government entity when it closed the plaintiffs’ accounts,” Danata wrote.

The lawsuit also asked the judge to declare the federal law on decency of communication unconstitutional. The CDA says Internet service providers, such as Twitter, cannot be held responsible for content posted by others. Donata dismissed the lawsuit after finding that the plaintiffs had no right to challenge the CDA. The judge said the only way they could have such a reputation is to show that Twitter “would not deprive the plaintiff of the platform” or anyone other than the legal immunity granted to the CDA when it comes to content. […] Shortly after Twitter announced it had agreed to buy Elon Musk, Trump told Fox News he was “not coming back to Twitter,” adding, “I’m not going to Twitter, I’m going to stay on the Truth. Elon buys Twitter because he will improve it and he is a good person, but I stay on the Truth ”.

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