Lawyer believes Trump’s Big Tech lawsuit has “better than 50-50 shot of winning”

One of former President Donald Trump’s lawyers just provided an update on the lawsuits that Trump has filed against Big Tech.

That lawyer, John P. Coale, said that he believes that Trump has a “good shot” at beating Big Tech at the U.S. Supreme Court level. 

“I think we have a good shot,” Coale said. “We’re trying to get the courts, or the law, into the 21st century and social media is the means of communication in the 21st century.”

Background

Following the January 6 riot that took place at our nation’s Capitol, Big Tech decided to ban Trump from their platforms. We saw this most notably with Twitter and Facebook, although it actually included several others companies.

After waiting some time to see how things were going to play out, Trump, in July, decided to file lawsuits against Twitter, Facebook, and Youtube. In that lawsuit, Trump alleged that these Big Tech companies, in banning him, violated his First Amendment right to free speech.

At the moment, Big Tech is working hard to try to get these lawsuits thrown out, employing several top-tier law firms. Trump filed the lawsuits in Florida, and Big Tech’s attornies are trying to get the cases moved to California in the hope of getting a favorable ruling. Chances are that Big Tech may well succeed.

But, Coale is not worried about this. He believes that the lawsuit is destined for the U.S. Supreme Court. And, he says that when it does get there he believes that Trump has “better than 50-50 shot of winning.”

The key issue

If the case does end up being heard on its merits, then it will present an interesting legal question, that is, whether these Big Tech platforms are actually subject to the First Amendment.

One, hastily, might conclude that they are not because they are private companies and the First Amendment only applies to public entities.

But, there is a nuance here: Big Tech, despite being private companies, could be subject to the First Amendment if they are found to be working under or with the federal government. And, we already have evidence of this, as Coale recently pointed out.

The Biden administration has actually admitted that it has been working with Big Tech to crack down on coronavirus “misinformation.” Coale, in particular, called attention to a statement made by White House Press Secretary Jen Psaki, who said that the Biden administration was “flagging problematic posts for Facebook that spread disinformation.”

So, things are looking up in Trump’s case against Big Tech. But, we still have some ways to go before the case gets to the Supreme Court level.

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