An ex-Trump lawyer stated that he believes Trump could sue Google, Facebook, and Twitter because these companies do the “bidding for the government.”
John Coale, a Fox News interviewee, stated that Big Tech acts as “state actors” and is therefore subject to certain government standards.
“The basis for all of this case is that private companies cannot be empowered by the government via Congress, via [Section] 230,” Coale said, according to the New York Post. “The Biden administration and members of Congress can’t delegate what they cannot do themselves.”
“This issue will in the end be decided in the Supreme Court. It’s that important,” he added.
Many social media platforms banned Trump after the Jan. 6th riot at U.S. Capitol. Facebook stated that the ban could be extended to 2023. Twitter and others also voted for a permanent ban.
Members of Coale’s legal team filed last week a motion for a preliminary order against Google to allow the former President to return to YouTube. His legal team claims that social media companies should be considered government agents due to a variety of reasons.
“There are three tests and if they flunk one test,” Coale said, “they’re government actors.”
“The first [is] if … government officials, be they congressmen, senators or people in the executive branch, threaten these companies — they did it at congressional hearings, they did it in the media and we show examples of that in the preliminary injunction.”
“The other thing is, if the government encourages censorship that is unconstitutional.”
“The third test is if … the private company is doing the bidding of the government, and they are,” he added.
“We had [President Joe] Biden’s press secretary confirm that last month, she said that they’re working closely with Facebook to prevent misinformation on the virus.”
”Because, you know, for all you out there who are Democrats and liberals or whatever you are, you’re next,” Coale said.
”Now, it’s the conservatives. But as history shows us, it will turn. Maybe five years from now, maybe three months from now, maybe 10 years — but you’re next.”
Coale’s team plans to file preliminary orders for Twitter and Facebook. The 11th Circuit Court of Appeals would hear appeals of the decision.