Former President Donald Trump’s top lawyer in his lawsuit against Google, Facebook and Twitter believes the case will be decided by the Supreme Court — arguing that the companies are doing the “bidding of the government.”
John Coale, in an interview with Fox News, said multiple factors make the platforms “state actors,” subjecting them to standards usually applied to governments.
“The basis for all of this case is that private companies cannot be empowered by the government via Congress, via [Section] 230,” he said. “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,” Coale added.
Trump was banned from several social media platforms in the aftermath of the Capitol Riot on Jan. 6.
Last week, Coale’s legal team filed a motion for a preliminary injunction against Google to allow Trump back onto YouTube. The legal team has argued the social media companies should be treated as the government under the law due to multiple factors.
“There’s three tests and if they flunk one test, they’re government actors,” Coale explained.
“The first 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,” Coale added.
“We had Biden’s press secretary confirm that last month she said that they’re working closely with Facebook to prevent misinformation on the virus.”
White House press secretary Jen Psaki said in July that the Biden administration is identifying “problematic” posts for Facebook to censor because they contain “misinformation” about COVID-19.
Coale’s team plans to file motions for preliminary injunctions against Twitter and Facebook as well, and any appeals would go to the 11th Circuit Court of Appeals.
In July Coale urged “people from the other side of President Trump’s political party to join us” in the Big Tech fight.
“Because, you know, for all you out there who are Democrats and liberals or whatever you are, you’re next,” he 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.”
In October, The Post was targeted by Twitter and Facebook over its exclusive reports on the contents of a hard drive that held emails and other materials from a laptop that was apparently abandoned at a Delaware repair shop by Biden’s son, Hunter.
Twitter locked The Post’s main account for two weeks, demanding The Post delete six tweets with links to stories that Twitter claimed — without any evidence — were based on hacked information.
The social media site also obscured the tweets from public view until the company eventually backed down and announced it was revising its “Hacked Materials Policy” and “updating our practice of not retroactively overturning prior enforcement.”
Facebook also temporarily limited users from sharing of one of the reports.