Technology & Marketing Law Blog
Both Facebook and Twitter restricted Hart’s account access due to various posts over COVID, masking, and other culture war issues. Hart sued them for violating the First Amendment. You can guess how that went. The court says they are not state actors and therefore aren’t required to follow the First Amendment.
Joint Action. “Facebook and Twitter made contemporaneous statements that they took action because they concluded that Hart had violated company policy,” not because of any government directives. With respect to Facebook, it took action on Hart’s accounts months before any of the government statements that supposedly motivated them. The court tartly notes: “Hart fails to explain how Facebook took joint action with governmental actors from the future.”
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COVID Skeptic Loses Lawsuit Over Account Terminations–Hart v. Facebook
