From WSJopinion: There's a strong case to be made that social-media censorship violates the Constitution, writes VivekGRamaswamy. If his lawyers do better in court than in their initial filing, Trump can win.
Journal Editorial Report: The week's best and worst from Kim Strassel, Kyle Peterson, Jillian Melchior and Dan Henninger. Image: NY Post/Zuma Press/AFP via Getty Images Composite: Mark KellyThe media has panned Donald Trump’s First Amendment lawsuits against Facebook, Twitter and YouTube: “sure to fail,” “as stupid as you’d think,” “ridiculous.” Mr.
It’s true that the First Amendment ordinarily applies to the government rather than private companies. But the central claim in Mr. Trump’s class-action lawsuit—that the defendants should be treated as state actors and are bound by the First Amendment when they engage in selective political censorship—has precedent to back it up.
The high court has repeatedly held that federal immunity pre-empting state law can transform a private party’s conduct into state action subject to constitutional scrutiny. In, the justices found state action in union-employer agreements because Congress had passed a statute immunizing such agreements from liability under state law. In, the court again found state action in a private company’s conduct because federal laws immunized companies from liability if they tested employees for drugs.
Prominent congressional Democrats have also issued severe, explicit and repeated threats to retaliate against social-media giants if they fail to remove “hate speech” and “misinformation” that the government can’t directly censor under the Constitution. These threats have worked.
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