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I'm not sure that twitter can be covered by free speech laws when they censor, ban, and suspend people for content which doesn't violate their terms
Typically, social media sites would be exempt from defamation liability, but Nunes’ lawyers are arguing that Twitter monetized and knowingly allowed the offensive content to remain on the site, and is therefore complicit in Nunes’ defamation. The complaint also accuses Twitter of “shadow-banning” Nunes and other conservatives on the platform.
“Twitter is not a neutral platform such as an Internet bulletin board. To the contrary: as part and parcel of its Twitter’s role as an Internet content provider, Twitter and its CEO, Jack Dorsey, actively endorse and promote the many of agendas of the Democratic party,” wrote Nunes’ legal team.
The anonymous account Devin Nunes’ Mom (@DevinNunesMom) is accused of violating Twitter’s rules by falsely impersonating Nunes’ mother and tweeting a series of lies for more than a year, claiming Nunes was involved in “obstruction of justice, perjury, misuse of classified information, and other federal crimes.” Twitter did not review the account until this year. They finally suspended the account after Nunes’ mother, Toni Dian Nunes, filed a complaint herself.
A few weeks ago, Dorsey and Twitter’s legal chief Vijaya Gadde addressed accusations of shadow-banning on Joe Rogan’s podcast. Dorsey said Twitter “would fully admit we were probably way too aggressive” when dealing with conservative accounts.
What law does "shadow banning" violate?
Typically, social media sites would be exempt from defamation liability, but Nunes’ lawyers are arguing that Twitter monetized and knowingly allowed the offensive content to remain on the site, and is therefore complicit in Nunes’ defamation.
Does that mean I can get millions of dollars from ATS if they ban me?