Comments on: Court Can’t Compel Twitter to Shut Down Trump’s Account https://blog.ericgoldman.org/archives/2020/07/court-cant-compel-twitter-to-shut-down-trumps-account.htm Tue, 28 Jul 2020 08:20:03 +0000 hourly 1 By: News of the Week; July 22, 2020 – Communications Law at Allard Hall https://blog.ericgoldman.org/archives/2020/07/court-cant-compel-twitter-to-shut-down-trumps-account.htm#comment-2672 Tue, 28 Jul 2020 08:20:03 +0000 https://blog.ericgoldman.org/?p=21411#comment-2672 […] Court Can’t Compel Twitter to Shut Down Trump’s Account (Eric Goldman) […]

]]> By: Jason Farnon https://blog.ericgoldman.org/archives/2020/07/court-cant-compel-twitter-to-shut-down-trumps-account.htm#comment-2668 Fri, 24 Jul 2020 22:59:00 +0000 https://blog.ericgoldman.org/?p=21411#comment-2668 once you get past the bizarre pleading/cause of action/relief request, i think this is a meritorious case. the argument seems to be that twitter has contractually bargained away some of its section 230 immunity via its ToS.

from a contracts standpoint this seems reasonable to me. what is the fb boycott about, if not hoping fb exercises certain editorial control (which it is not legally required to under section 230) in exchange for the benefit of receiving advertising dollars. if (say) an agreement was entered into memorializing this arrangement, and later an advertiser sued fb for not deleting some scandalous post per the agreement, fb couldnt defend against a suit in contract by saying have no obligation to police the posts under section 230.

i dont see why its crazy to expect something similar from a ToS.

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