Freedom Watch and Laura Loomer Lose Lawsuit Against Social Media Platforms - 2020-05-27
In Freedom Watch, Inc. v. Google Inc., decided today by D.C. Circuit Judges Judith Rogers, Thomas Griffith, and Raymond Randolph, Freedom Watch and Loomer sued "Google, Facebook, Twitter, and Apple … alleging that they conspired to suppress conservative political views." No, said the court (correctly, in my view):
[A.] The plaintiffs' First Amendment claim failed because "the First Amendment 'prohibits only governmental abridgment of speech.'" (Recall that the First Amendment says "Congress shall …" and the Fourteenth Amendment says "No state shall ….")
Freedom Watch contends that, because the Platforms provide an important forum for speech, they are engaged in state action. But, under [the Supreme Court's 2019 decision in Manhattan Community Access Corp. v. Halleck], "a private entity who provides a forum for speech is not transformed by that fact alone into a state actor."