Why President Trump’s Big Tech Lawsuit Is Doomed To Failure

Today President Trump wrote an op-ed for the Wall Street Journal explaining why he is suing Big Tech. Earlier this week he held a press conference about the suit after hyping up a “big announcement” on free speech the week before.

The internet went wild with speculation thinking that Trump would finally introduce his long talked about social media platform, but alas the announcement was only for a lawsuit that is inevitably doomed to failure.

Immediately after announcing this “big news” the President’s team sent out a barrage of fundraising emails asking for financial support to fund this initiative. I’m going to recommend strongly against giving any amount of money to this effort and I’d like to explain why.

The real solution is not lawsuits where the only winners are a bunch of lawyers and the grifters around President Trump who will be laughing to the bank when this lawsuit inevitably goes nowhere.

The First Amendment and Section 230 protect Big Tech just like they protect Gab. If Trump’s lawsuit were to be successful it would mean that both the First Amendment and Section 230 must be destroyed. Let that sink in for a moment. That’s not something that I’m going to stand by and watch happen.

As I have written before, the “repeal Section 230” narrative is being pushed by Silicon Valley. The “make exemptions to the First Amendment in order to shut down private businesses” is being pushed by the American Jewish Congress and former Republican members of Congress.

Section 230 says nothing about political neutrality, and for good reason. Who defines “neutrality” and better yet who enforces it? Any proposal to add a “neutrality” clause to Section 230 would be unconstitutional. It would require the government to police the speech of corporations and infringe on their first amendment rights.

Section 230 protects technology companies, including Gab, from being held liable for the speech others. It does NOT prevent them from exercising their own free speech rights, nor should it. Big Tech companies will easily argue and win in court defending their right to free speech and their right to moderate the platforms as they wish.

The text of 230 is very clear: companies that act in good faith to remove content that they themselves find “objectionable” or that their users find “objectionable” whether or not that content is constitutionally protected, are shielded from being held liable for the speech of their users.

Every person who has tried to sue Big Tech under similar pretenses has failed. President Trump is not the first to make these arguments and sue. There is plenty of legal precedent on this issue and it most certainly lands on the side of Big Tech.

So why is President Trump pushing these globalist narratives with this bogus lawsuit?

Why is he continuing to go after Section 230 and the First Amendment, ironically under the guise of defending his own free speech, despite their irreplaceable importance to protecting our civil liberties?

Perhaps the answer is not something that Trump supporters, including myself, want to hear.

Trump Signs Order Against Anti-Semitism At Colleges, Worrying Free Speech Advocates

Immediately After Trump Joins Rumble, the Platform Changes its Terms to Ban ‘Antisemitic Hate Speech’

Kushner Wouldn’t Allow Trump on Gab Unless He Banned Criticism of Israel

Trump’s Parler deal reportedly fell through over app’s refusal to ban critics

What are we, as Trump supporters, to make of these anti-free speech actions of President Trump? It seems to me that the speech President Trump cares the most about protecting is his own.

Otherwise why was nothing done about this problem while he was in office and his supporters were being censored and banned by the millions for years? It was only when he himself was banned from the internet did this suddenly become a priority.

These are all questions that need answers, but I digress.

The one good thing about this lawsuit is that it will once again put the most important issue of our time at the forefront of the global conversation.

Silicon Valley censorship is the single biggest threat to the Republic and to freedom since the founding of the United States of America.

Facebook has more power than the President of the United States. Apple and Google have more wealth and power than almost every sovereign nation on this planet. These are undeniable facts, the question is what do we do about it?

The only way to remove their power is to stop giving it to them. Exit their systems of control and start building a parallel economy and internet.

The way to fight back is really very easy: delete your accounts and start building with us. Gab and others are laying a firm foundation of freedom for generations to come, just as the Founding Fathers did before us.

Won’t you join us?

Andrew Torba
CEO, Gab.com
Jesus is King
July 8th, 2021