Miami judge sends former President Donald Trump’s lawsuit against Twitter to California – CBS Miami

MIAMI (CBSMiami / AP) – Former President Donald Trump’s lawsuit to restore his Twitter account has to be tried in a California court, not a Florida one, under a user agreement that covers everyone on the social media platform a federal judge from Miami.

Miami District Judge Robert Scola dismissed Trump’s claim that the California court’s requirements did not apply to him because his Twitter account was banned in his final days as president.

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The requirement, known as the forum selection clause, was in effect when Trump originally joined Twitter as a private person in 2009, Scola wrote in his order issued Wednesday.

“First, Trump’s previous status as President of the United States does not preclude the application of the forum election clause. Second, the forum selection clause is valid and mandatory, ”wrote Scola in a 13-page order.

The decision means Trump’s lawsuit will be tried in a Northern California federal court instead of Miami. A similar lawsuit by Trump against YouTube has also been transferred from Florida to California, while another Trump lawsuit against Facebook remains in Miami for the time being.

Twitter suspended Trump’s account on Jan. 8, two days after his supporters stormed the U.S. Capitol while Congress certified Democrat Joe Biden’s victory in the 2020 presidential election. In making the decision, Twitter cited “the risk of further incitement to violence” after the deadly uprising.

To date, more than 680 people have been charged with crimes related to the riot and a congressional committee is investigating what led to the riots.

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Trump and other conservatives sued Twitter on July 7, alleging the decision to suspend his account violated his First Amendment rights and was an attempt to censor conservative voices under duress by the Democrats.

Back then, Trumps @ realdonaldtrump account had more than 88 million followers on Twitter.

Twitter’s user agreement states that any legal action against the San Francisco-based company may only be brought before the Northern California state or federal courts. Scola’s ruling stated that Trump failed to make the legal stipulation necessary to keep the case in Florida, where Trump has his Mar-a-Lago resort in Palm Beach.

“Twitter’s forum selection clause is mandatory, not permissive,” wrote Scola.

The lawsuit, a potential class action lawsuit, is now being referred to a federal judge in the Northern District of California.

Twitter reports that it has more than 200 million users who are subject to the same agreement and are bound to the California Legal Forum on lawsuits against the company.

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(© Copyright 2021 CBS Broadcasting Inc. All rights reserved. The Associated Press contributed to this report.)

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