A federal appeals court is rejecting claims that tech companies like Facebook, Google, Twitter and Apple have conspired to suppress conservative viewpoints on their platforms.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit on Wednesday affirmed the dismissal of a lawsuit that was filed by the conservative legal organization Freedom Watch and far-right activist Laura Loomer. Freedom Watch and Loomer alleged that the Silicon Valley giants were coordinating together to silence conservative viewpoints and that they were violating the First Amendment and antitrust policies.
“The district court dismissed the complaint, holding that Freedom Watch had standing to sue but failed to allege colorable legal claims,” the judges wrote in their decision. “On appeal, we reach the same conclusion.”
The panel of judges include Judith Rogers, a Clinton appointee; Thomas Griffith, a George W. Bush appointee; and A. Raymond Randolph, a George H.W. Bush appointee.
The judges concluded that Freedom Watch failed to offer a satisfactory First Amendment claim against the tech companies, noting that “in general, the First Amendment ‘prohibits only governmental abridgment of speech.'”
“Freedom Watch fails to point to additional facts indicating that these platforms are engaged in state action and thus fails to state a viable First Amendment claim,” the judges wrote.
They also concluded that the legal group failed to provide enough evidence that the tech companies were violating the Sherman Antitrust Act.
The decision came down as President Trump and other Republican lawmakers voiced outrage over Twitter’s decision to fact check tweets the president sent about mail-in voting this week. In response, Trump alleged that social media platforms “totally silence” conservative views and threatened to “strongly regulate, or close them down” altogether.
“Twitter has now shown that everything we have been saying about them (and their other compatriots) is correct,” Trump tweeted. “Big action to follow!”
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Appeals court rejects claims that Facebook, Twitter suppress conservative views https://t.co/90meOJWfNM pic.twitter.com/XRz2hjxtVN
— The Hill (@thehill) May 28, 2020
Yes, from a legal standpoint they‘re non-governmental companies that aren’t obligated to publish your takes and can allow or prohibit whoever or whatever content they want to. This isn’t a First Amendment issue. https://t.co/GKeIVduG6Z
— Sahil Kapur (@sahilkapur) May 28, 2020
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