Former President Trump’s class-action lawsuit alleging censorship by Big Tech companies is the most important First Amendment case of the 21st century, contends Harvard emeritus law professor Alan Dershowitz.
The case announced this week is “important because it pits freedom of speech on the one hand against the First Amendment on the other hand,” Dershowitz said in an interview Wednesday night with Fox News’ Sean Hannity.
Dershowitz acknowledged that his description of the case “may sound paradoxical,” but he argued that the tech giants claim they have a right to censor certain content under the First Amendment.
“So they’re using the First Amendment as a sword against freedom of speech,” the Harvard professor said. “That’s why I call this the new censorship.”
“The “old censorship” was carried out by the government in cases such as the Pentagon Papers, which Dershowitz had a part in arguing, based on the First Amendment.
Now, the First Amendment is being used “to close the marketplace of ideas to anybody who disagrees with the giant tech people.”
“That’s why this is such an important case. Nobody can predict the outcome,” he said.
“There’s never been a case like this previously presented. There are cases, precedents going both ways and no one can predict what the outcome would be. But I think it will be a great, great educational experience for Americans to see the First Amendment put on trial.”
On Tuesday, Trump announced he will lead a lawsuit alleging Twitter, Facebook and Google violated his First Amendment rights when they banned him from their platforms after the Jan. 6 riot at the Capitol.
“While the social media companies are officially private entities, in recent years they have ceased to be private with the enactment and their historical use of Section 230, which profoundly protects them from liability,” Trump said. “It is in effect a massive government subsidy, these companies have been co-opted, coerced and weaponized by government actors to become the enforcers of illegal, unconstitutional censorship.”
Section 230 of the Communications Decency Act provides immunity for social media companies, treating them as neutral platforms rather than publishers, which are legally liable for their content.
‘Compelling’ argument
Dershowitz was joined Wednesday night by Fox News legal analyst Gregg Jarrett, who said he agreed “100%” with the Harvard professor’s assessment that it’s the most important First Amendment case of the 21st century.
“I mean, the argument that Trump makes in his lawsuit is a compelling one,” he said. “The First Amendment free-speech principal should apply to private big tech goliaths because they are not so private and in fact they have been behaving as a de facto arm of government agents and agencies and received enormous benefits bestowed on them by Congress to which in a billions of dollars worth of liability and immunity.”
Jarrett said the case opens the door to Supreme Court Justice Clarence Thomas’ argument that the tech companies are unlawful monopolies, and to protect free speech they should be strictly regulated and treated as common careers like public utilities.
Dershowitz added that the First Amendment “doesn’t always protect the speaker, Donald Trump.”
“It protects you and me, the listener, the viewer,” he said.
He noted that Big Tech censored a debate he had with Bobby Kennedy Jr. regarding vaccination.
“They didn’t like what he said so they took down the debate and they deprived the American public of the right to see a very thoughtful, educational debate,” Dershowitz said.
“And they’re doing it more and more, and if they’re not stopped, this will be the end of freedom of speech as we know it because these companies now control the marketplace of ideas.”
See the “Hannity” segment:
via wnd
Alan Dershowitz: Trump lawsuit most important free-speech case of century
Pfft! 7 months late Trump! You should have used the the DOJ when you were still president!
I think we know by now our justice system can no longer be trusted my friend, politicians and NWO freaks don’t have to go by the same laws we’re forced to go by.
Trump’s reality show, “The Apprentice” actually prepared him, only Trump lacked the courage to say, “You’re Fired, You’re Fired, You’re Fired, You’re Fired” till he finally found lower lever patriots that DNC Marxists and Soros had not bribed to take action on behalf of the Republic.
Ron DeSantis / Candace Owens 2024
Vote for action and competence, not naivety and idiot tweets!
Whether you liked him or not, Trump’s only problem was that he put trust in the wrong swamp crawlers. As we have been finding out, that swamp is deep and large!!!
Trump was and still is dangerously naive!
Ron DeSantis / Candace Owens 2024
Vote for action and competence, not naivety and idiot tweets!
I’ll still vote for Trump with DeSantis as his VP. Harris was not even eligible to be VP. Her parents were foreign national at the time of her birth and automatic citizenship wasn’t being given at that time. She was also raised in Canada from the age of seven.
I like Candace, but even though she is more mature than Harris, she’s not mature enough for that office. She’s a sweet person, but needs more experience in government issues!!!
Trump didn’t know when to just shut up!
Maybe let his blond that on a few occasions handled briefings.
Seems he likes to hear his own voice more than anyone
I still think he is the best for the job
But needs to find some more humble qualities to employ!
The one thing you’re forgetting is the fact that the majority of us knew Trump’s short comings when we elected him. You can’t complain about it, because no one really expected him to change. He has always been and will always be outspoken about issues he sees!!!
DOJ as corrupt as the worst of them ever has been!
Truth is we tried to weed out all the corruption the hole would be to big to replace!
time to put these jackasses in jail where they belong
A even better idea is to put them in front of a firing squad.
The media is NOT NEUTRAL! Anyone can make that case!!! So it shouldn’t be protected from liability!!! And the other supposedly big techs, are MONOPOLIES!!! And that should not be aloud! So we are EXACTLY LIKE HAITI IS TODAY!! A third world country tyrannized by these abusers protected by the corrupt pelosis of this country!
Well said, and rather obvious!
The worst part is as they push to make this country communist run they will eliminate our ability to even bring up charges for all the criminal activities our elected government had been responsible for taking place!
The whole thing is about to get real ugly on we the people real fast!
As people are too stupid and lazy to take a stand
Shame on ignorance which is the American way!
totalitarian governments make and enforce rules for everyone else to follow, but the rules apply to their adversaries first, everyone who is not a supporter second, and never to themselves. the first thing that a country transforming into a totalitarian state does is restrict the speech of free people. then they eliminate the right of the people to peacably assemble. then they take away all of the weapons the people possess. they keep the people divided by pitting them against each other. they protect women to encourage them to tell on seditious men.
F’em anyone and everyone has a right to make a fool of themselves….
I create my own media…
Sure glad the 2nd protects the first….