Donald Trump picked the fight his supporters have been waiting for.
Brett Kavanaugh is going to deliver a surprising ending to Trump’s biggest court case.
Donald Trump announced he filed a class-action lawsuit on behalf of the many Americans Google, Facebook, and Twitter banned for their conservative beliefs.
“Our case will prove this censorship is unlawful, it’s unconstitutional, and it’s completely un-American,” Trump declared. “Our filing also seeks injunctive relief to allow prompt restitution… because it is destroying our country.”
Trump’s lawsuit centered on the claim that Democrats pressured social media monopolies to ban Trump by threatening to reform Section 230 of the 1996 Communications Decency Act which grants Big Tech its monopoly privileges.
“With Defendants shielded from liability for engaging in censorship by Section230, the Democrat legislators then wielded that immunity, combined with threats to revoke that immunity or to otherwise regulate Defendants, to use Defendants as a tool to effect censorship,” Trump’s lawsuit read.
Trump’s lawyers listed Democrats from Kamala Harris to Nancy Pelosi calling on social media platforms to ban Trump.
The lawsuit argued that once the social media companies acceded to the Democrats’ wishes to ban Trump, they became state actors subject to the First Amendment.
If this case reaches the Supreme Court none other than Brett Kavanaugh could deal Trump a massive defeat.
Kavanaugh’s opinion in the 2019 Manhattan Community Access Corp. v. Halleck stated that media public access channels were not subject to the First Amendment even if they opened their platforms for the public to post content.
“The Supreme Court rejected a similar argument in 2019. In an opinion by Justice Brett Kavanaugh — one of Trump’s nominees — the court found that the First Amendment didn’t apply to the operator of public access channels that had suspended producers over content. Kavanaugh wrote that opening up a media platform to the public did not transform a private company into a state actor. He cited a line of cases upholding the right of private entities that function as spaces for public speech to ‘exercise editorial discretion’ and warned that trying to apply the First Amendment would run up against the constitutional protections that private property owners enjoy,” BuzzFeed reported.
Kavanaugh’s been a disappointment as a Supreme Court jurist acting like a clone of liberal Chief Justice John Roberts.
The justice Kavanaugh votes most often with is Roberts.
This term Kavanaugh teamed with Roberts to uphold Obamacare, allow state governments to force Christian florists to participate in homosexual weddings, and left in place a disastrous 1990 precedent that allows government to restrict the free exercise of religion.
Kavanaugh upholding the right of Big Tech monopolies to censor conservatives would be the final betrayal that would cause a major re-evaluation of the conservative legal project that focused on libertarian justices whose outlook continues to hand the left victory after victory in cultural issue cases.
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