Former New York Times reporter Alex Berenson sued Twitter this week, alleging his permanent suspension from the social media platform violated the U.S. Constitution’s First Amendment and federal and California laws.
Lawyers representing Berenson say the independent reporter did not violate Twitter’s rules.
“Twitter, on the other hand, broke its promises to Mr. Berenson as well as its policies, and violated his rights as it served the federal government’s censorship demands,” they wrote in the suit, referring to remarks made by President Joe Biden and one of his top medical advisers, Dr. Anthony Fauci.
While Twitter has in the past relied on Section 230 of the Communications Decency Act to defend itself against similar suits, the law does not shield the company from California’s Constitution or a common carrier law in the state, according to the suit.
Additionally, Section 230 does not protect Twitter from claims of breach of contract and promissory estoppel, which rely in part on the representations the company made to him prior to the ban.
Twitter has not responded to requests for comment and has not filed a response to the complaint, which was entered in U.S. district court in northern California.
The case was assigned to Magistrate Judge Joseph Spero. An initial conference is scheduled for March 25, 2022.
Berenson is seeking an order requiring Twitter to reinstate Berenson and blocking the company from violating his rights under the state and U.S. Constitutions.
He also wants damages under the U.S. Lanham Act, the California common carrier law, and the California Unfair Competition Law, as well as damages for breach of contract and any other relief that the court deems necessary.