Comments on: Another Failed Lawsuit Over Trump’s Deplatforming–Rutenberg v. Twitter https://blog.ericgoldman.org/archives/2022/05/another-failed-lawsuit-over-trumps-deplatforming-rutenberg-v-twitter.htm Sat, 21 May 2022 00:27:00 +0000 hourly 1 By: ThorsProvoni https://blog.ericgoldman.org/archives/2022/05/another-failed-lawsuit-over-trumps-deplatforming-rutenberg-v-twitter.htm#comment-3247 Sat, 21 May 2022 00:27:00 +0000 https://blog.ericgoldman.org/?p=23971#comment-3247 I have never understood why anyone tries to apply state actor doctrine to Twitter.

Twitter is an obvious common carrier. Back in the 80s I wrote a lot of FCC filings for AT&T circuit and package-switched common carriage services that hardly differed from Twitter’s tweet service.

No one ever tried to apply state actor doctrine to AT&T, and AT&T was a natural monopoly or public franchise.

Because Twitter is a common carrier, Twitter might be able to refuse message common carriage for an individual Trump tweet under 47 U.S. Code § 230 (c)(2) by arguing that the tweet is analogous to a hazardous material.

]]>