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Twitter wants former President Donald Trump’s lawsuit against the social media giant to be transferred to a federal judge in San Francisco and dismissed.
Mr. Trump filed a lawsuit against Twitter and CEO Jack Dorsey in Florida federal court in July, claiming it was a First Amendment violation after the platform banned him the first year.
Twitter urged the federal court in Florida to move the case to California, because that’s where Twitter is based.
“The claims set forth in this action are frivolous and should be dismissed with discrimination as a matter of law. But before addressing those fatal inaccuracies, the court must correct another major problem. this lawsuit: It was filed in the wrong court, ”Twitter’s lawyers said in a court filing. “The forum selection clause in the Twitter User Agreement requires claims such as those asserted herein to be litigated in state or federal court in San Francisco, California.”
The terms of service that require all disputes to be filed in San Francisco court include an effective date of Aug. 19, 2021, according to an exhibit Twitter submitted to the court, which is several months after the boot from the platform Mr. Trump.
However, Twitter argued that Mr. Trump was bound by Twitter’s current terms of service and acknowledged it in a separate lawsuit.
Mr. Trump’s lawyers did not immediately respond to a request for comment and did not respond to the court, according to the court docket.
A Florida federal court has set a deadline Thursday for the U.S. government to intervene in the case, specifically to provide input on the constitutional question raised by Mr. Trump against Twitter.
The Justice Department told the court on Tuesday that it has not yet discussed a schedule of shortening lawyers for Mr. Trump and others bringing the lawsuit and will update the court after reaching any agreement with the litigants on a schedule for the submission of narratives.
Alongside Mr. Trump’s lawsuit against Twitter and GG Dorsey, Mr. Trump also sued other platforms he banned, including Facebook and its CEO, Mark Zuckerberg, and Google owner YouTube and Google CEO Sundar Pichai.
Facebook said it was keeping its ban against Mr. Trump in place until 2023. This week, a judge set a deadline in November for the U.S. government to interrupt input into Facebook’s case.
YouTube, like Twitter, has requested that Mr. Trump’s case be transferred to a California court. The judge in Mr. Trump’s case against YouTube issued an order on Thursday saying the judge would decide on whether the case should be moved.
The judge also delayed the deadline for the U.S. government to intervene until after the judge issues a decision on where the case should be heard.
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