EFF to Ninth Circuit: Twitter Has First Amendment Right to Ban Users, Including Presidents

Time and time again, we have said–and courts have ruled–that social media platforms have the First Amendment right to ban users. We have argued that banned users cannot successfully sue platforms for acting as government censors without showing that the platforms willfully and fully ceded their editorial discretion to the government. But nevertheless, the lawsuits keep getting filed.

This time, former President Trump is the lead plaintiff in yet another “must carry” lawsuit, this one against Twitter. And we …