Published 13:09 IST, October 28th 2021
Trump loses bid to fight lawsuit against Twitter in Florida; must take it to California
Donald Trump must hear his account restoration lawsuit in California court rather than in Florida, US District Court judge ruled, citing Twitter user clauses.
A Miami court judge on Wednesday ruled that further proceedings in the Twitter versus Donald Trump case, must be heard in California court rather than in Florida, the New York Post reported. Citing Twitter's user agreement covering every user on the platform, US District Court Judge Robert Scola said that any contention against the social media giant must be heard in North Californian court rather than Florida. Meanwhile, another lawsuit filed against Facebook will remain in Miami court until further hearing.
In a 13 page statement, the federal judge in Miami asserted that Trump's lawsuit regarding the restoration of the "@realDonaldTrump" Twitter account must be heard in California owing to the 'forum selection clause' under the company's user rules. The clause is said to be applicable when Trump originally joined Twitter as a private citizen in 2009 and being a President did not preclude the said terms and conditions.
"First, Trump’s former status as the president of the United States does not exclude the application of the forum selection clause. Second, the forum selection clause is valid and mandatory,” the NY Post quoted Scola's verdict from a 13-page order.
Trump and the conservatives filed a lawsuit against Twitter on July 7 claiming that it was a violation of First Amendment rights. His lawsuit cited that the suspension amounts to an attempt to censor Conservative voices against the Democrats.
Twitter permanently suspended Trump's account citing "incitement of violence"
For a recap, on January 8, 2021, Twitter permanently suspended President Trump's account citing "risk of further incitement of violence," following the mass infringement into the federal property in US Capitol. According to NPR, Twitter also noted a pattern in the ex-president's behaviour that violated company rules. "After close review of recent Tweets from the @realDonaldTrump account and the context around them — specifically how they are being received and interpreted on and off Twitter — we have permanently suspended the account due to the risk of further incitement of violence," Twitter had said in a statement.
At least 680 people have been booked under infringement and breach of security crimes stemming from the storming of the US Capitol building when Congress was certifying the victory of Joe Biden after the 2020 presidential elections.
Image: AP/Twitter
Updated 13:09 IST, October 28th 2021