Donald Trump’s Twitter account suspension generated a critical political and legal dispute. After the January 6, 2021, Capitol riot, permanently suspended the Twitter account of President Trump, debating his tweets, which could lead to more incitement of violence. This legal fight over the ban started a major debate on social media censorship and First Amendment rights.
Trump sued Twitter, saying that their ban was a violation of free speech rights and a kind of censorship. But the court dismissed his case, and now Trump has withdrawn his appeal, which is the official end of this legal battle.
Another interesting angle of this case is when Elon Musk acquired Twitter and former U.S. President Donald Trump regained his Twitter account. Trump maintains his use of Truth Social instead of reintroducing his presence on Twitter.
Background: Why was Trump’s Twitter banned?
This case is an important example of the power of social media platforms, free speech, and censorship, which will continue to be a part of debates and discussions.
American democracy suffered its major democratic crisis at the Capitol riot, which happened in January 2021. Trump supporters engaged in an attack on the US Capitol as they tried to challenge election results during that day. Donald Trump’s tweets, along with his statements, led to the interpretation of his support for violence as the main cause of the attack.
Twitter made a permanent ban on Trump’s account because of his violation of terms of service through tweets that could trigger violence. Twitter established that posting information endangering public safety will result in permanent user account suspension.
The @realDonaldTrump account possessed worldwide social media influence through its 88.9 million followers. His tweets had a major political impact, and his direct communication strategy was through Twitter. The account ban caused President Trump to declare it censorship while he initiated a lawsuit against Twitter, which claimed his First Amendment protections were being violated.
The court denied Trump’s claims by stating Twitter functions as a private business that maintains complete authority over its platform content. The First Amendment protects citizens from government restrictions, whereas private organizations can manage content independently. The legal battle ended when Trump dismissed his appeal of the lawsuit while the case already faced rejection.
Trump’s Legal Action Against Twitter
Trump’s Censorship and Free Speech Allegations
Trump said that Twitter violated his free speech rights. The social media platform companies were sued by Donald Trump in July 2021 because they blocked his presence without adequate justification.
The court denied his First Amendment protection because they stated the amendment applies exclusively to government censorship and not private business decisions.
Florida Law and Section 230 Challenge
Trump tried to strengthen his legal strategy under Florida laws. In Florida, Governor Ron DeSantis passed some strict laws against social media censorship. But the court ruled that according to Twitter’s Terms of Service, California law would apply, not Florida law.
Trump attempted to have the Communications Decency Act Section 230 declared unlawful through a court process. Section 230 gives social media platforms legal protection for user-generated content. The judge dismissed this request as well and said Trump’s case is legally weak.
Court Decision: Trump’s Case Dismissed
The court dismissed Trump’s lawsuit, saying:
- Twitter is a private company and can ban any account according to its Terms of Service.
- Government actions fall within the scope of First Amendment protection but private company actions do not receive this protection.
- Twitter enforced its distinct policies independently without any government influence.
- Trump’s Section 230 challenge was not valid because he did not have the legal standing to declare it unconstitutional.
For this reason, Trump filed his appeal, but the courts considered his arguments weak.
Trump Drops His Appeal: Why Now?
Trump withdrew his appeal in early 2024, officially ending his 2021 Twitter ban legal battle. Now the question is, why did Trump decide to withdraw his appeal?
Reasons for Trump’s Withdrawal
- Legal Experts’ Opinion: Many legal experts had predicted that Trump’s chances of winning the appeal were very low. The court had already considered his arguments to be weak and unsupported, so they considered there was no benefit in winning the appeal.
- Settlement Discussions: Settlement discussions could also have influenced Trump’s decision. It is possible that after the behind-the-scenes talks, he might have felt that there is no benefit in a long legal battle. The option of settlement, in which both parties have to compromise in some way, could be a way to save time and energy.
- Musk’s Twitter Policies: Ever since Elon Musk acquired Twitter, he started promoting free speech on the platform, and this could be an important factor for Trump. Musk’s approach was such that the policies of permanent bans and strict content moderation were relaxed. For this reason, Trump may have felt that now his account could come back on Twitter and that there was no benefit to him in continuing fighting.
- Twitter’s Terms of Service: Twitter maintains its right to moderate platform content through its terms of service regulations. The rules of the platform permit Twitter to permanently disallow Trump’s account if he breaks their platform regulations for a second time.
These can be the reasons why Trump withdrew his appeal, and his legal battle is officially over.
Settlement Talks and New Decisions
In 2021, Trump’s lawsuit against Twitter created widespread public interest because he fought against the company’s actions. The lawsuit against Twitter concluded its dismissal in 2022, although the 9th US Circuit Court of Appeals permitted the Twitter case to proceed. Trump’s legal team began settlement talks with Twitter, leading Trump to drop his appeal.
During the settlement, the $25 million figure was discussed, reflecting Trump’s desire to resolve the legal battle rather than prolong it. This shift in Trump’s approach is similar to how Meta agreed to pay millions to settle a similar case, opting to avoid a long courtroom battle.
In 2023, the legal case around Trump’s suspended Twitter access showed minimal progress because Musk acquired Twitter and reinstated the former president’s account. Despite this, Trump continued to engage and distribute content through Truth Social. This shows that Trump’s social media strategy is closely linked to his political ambitions, and he thought that his social media platforms were more effective for his goals.
Conclusion
Trump’s decision to drop his appeal officially ends his legal battle over the 2021 Twitter ban. His reinstatement at Twitter/X under Elon Musk changed the social media landscape, but Trump still prefers Truth Social. This case shows that social media companies, like Twitter, Facebook, and YouTube, are not public forums and have full rights to change content according to their terms and conditions. Issues of censorship, free speech, and content moderation will continue to shape social media policies in the future and will fuel debates that define an important balance between First Amendment rights and private platforms.
