Trump Lawyers Argue Twitter TOS Do Not Apply to Govt Officials

Trump Lawyers Argue Twitter TOS Do Not Apply to Govt Officials phone showing donald trumps suspended twitter account (Justin Sullivan/Getty Images)

By Eric Mack | Thursday, 23 September 2021 12:20 PM

Lawyers for former President Donald Trump filed a lawsuit in Florida against Twitter to restore his access to his account, arguing the account was a "key channel for official communication" as a government official and not a private citizen.

The lawyers argue the president did not violate Twitter's terms of service agreement and should have his account restored.

"One thing is undeniably clear in this case: Plaintiff's account was a government account,
and not a private one when he was censored," the lawsuit reads.

The lawyers added that the Twitter account was an official form of government communication to citizens.

"Plaintiff repeatedly used his account to report to the citizens of the United States on virtually every aspect of presidential activity, including but not limited to meetings with foreign leaders, and inform America as to the administration's positions on healthcare, immigration, foreign affairs, and other matters affecting the lives of all Americans," the lawsuit read.

When Trump's account was started in 2009, Twitter's terms of service agreement language did not apply to government entities if they are unable to control law, jurisdiction, or venue clauses.

The lawsuit was filed in Florida to avoid having the case moved from Florida to California, the locale of the Twitter headquarters.

"Plaintiffs respectfully submit that as California has no particular interest in how Florida regulates businesses within its borders, California courts should not be burdened with enforcing Florida's laws, and matters concerning Florida consumers should not be vested in the care of Californian jurors," the lawsuit reads.

Trump was banned as a sitting president and not as a private citizen, the lead counsel for Trump and additional plaintiffs John Coale told The Hill.

There were at least six other plaintiffs in the filing, including the American Conservative Union and Wayne Allyn Root.

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