If You Can’t Join ‘Em, Sue ‘Em
Former President Donald Trump held a news conference yesterday to announce he intended to sue so-called “big tech” for shutting him out of various social media platforms. The theory is that since these entities receive special government privilege under law, they cannot discriminate based on factors such as political viewpoint.
It’s an interesting legal argument, similar to ones that impute some level of “public” standing to entities that receive government money.
Not sure there’s actually been a lawsuit filed, and for Trump’s purposes, perhaps there doesn’t need to be…the publicity from yesterday’s declaration may have been enough. The chance of winning is not necessarily great, and the time it will take to pursue a lawsuit…well, that will get us past not only next year’s midterm elections, but the 2024 campaign as well.
However, when you file a civil lawsuit, you have the chance to depose people…get their statements under oath. Interesting to see Jack from Twitter and Zuckerberg from Facebook have to answer questions from Trump lawyers under oath on all this. And that same process, called “discovery” in the law, means the chance to subpoena statements and emails…also potentially interesting.
The claim of big tech abuse, and monopoly practice, may be harmed by all the other platforms that have sprung up in light of cancel culture. For example, if something like MeWe and Gettr can flourish, at least to some degree, that undercuts the claim that Facebook and Twitter, respectively, are monopolies.
There’s a fine line between aggressive business practices, and becoming a victim of your own success. That’s what big tech is facing.
But the difference is that federal statute granting them special status. That may tip the balance in Trump’s favor in the lawsuit…or to removing that benefit should the GOP ever get in power in Washington again.
