This case was last updated from U.S. District Courts on 09/04/2022 at 15:18:02 (UTC).

Trump et al v. Twitter, Inc et al

Case Summary

On July 7, 2021, Donald J. Trump, the Forty-Fifth President of the United States, Linda Cuadros and the American Conservative Union, individually and on behalf of the class, (collectively, “Plaintiffs”) represented by Matthew L. Baldwin, Esq. of Vargas Gonzalez Baldwin Delombard, LLP, John P. Coale, Frank C. Dudenhefer, Jr. of the Dudenhefer Law Firm L.L.C, John Q. Kelly of Ivey, Barnum & O’mara, Michael J. Jones, Roland A. Paul, Ryan S. Tougias, and Sean M. Hamill brought a civil rights action against Twitter, Inc., (“Twitter”) and its Chief Executive Officer, Jack Dorsey (collectively, “Defendants”) for allegedly violating the Plaintiff’s first amendment rights. This case was filed in the United States District Court for the Southern District of Florida with Judge Robert N. Scola, Jr. presiding. 

Class definition: All Twitter platform Users (“Putative Class Members”) who have resided in the United States between June 1, 2018, through today, who had their Twitter account censored by Defendants and were damaged thereby, as well as Linda Cuadros, a United States citizen, domiciled in the state of Florida, and American Conservative Union, a social welfare organization in the United States, established in 1964 in the District of Columbia.

In the complaint, the Plaintiff has alleged “Defendant Twitter is a social media platform with more than three hundred fifty (350) million active Users worldwide, including approximately seventy (70) million daily active users in the United States. Since 2018, approximately 500 million tweets are sent out, or “tweeted,” each day. On January 7, 2021, Twitter, at the direction of Defendant Dorsey, permanently banned President Trump from his Twitter account, blocking his ability to communicate with his approximately 89 million followers and the ability of Plaintiff’s approximately 89 million followers to hear, reply to, or retweet the content and speech Plaintiff was expressing.”

The Plaintiff further alleged “Twitter has what it refers to as its “Twitter Rules,” which Twitter claims outline its standards regarding the content you can post to Twitter and other Twitter products. The “Twitter Rules” guidelines regarding hate speech, incitement, or praise of violence are vague, broad, ill-defined, or not defined at all.”

The Plaintiff also alleged “After his inauguration in January of 2017, Plaintiff’s Twitter account (@realDonaldTrump) became an instrument of his presidency. Plaintiff’s tweets became an important source of news and information about the government, as did his followers’ tweets associated with Plaintiff’s posts. Plaintiff’s account became a public forum for speech by, to, and about government policy.”

It is also alleged that “The Putative Class Members used their Twitter accounts in a similar fashion. They created their accounts to share information, opinions, pictures, videos, and news with their networks ranging from friends and family to larger public audiences.”

The Plaintiff also alleged that “In 1996, Congress passed the Communications Decency Act of 1996, which amended the Telecommunications Act of 1934 with Section 230(c), intending to promote the growth and development of social media platforms. Twitter has increasingly engaged in impermissible censorship resulting from threatened legislative action, and a misguided reliance upon Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Defendant Twitter’s status thus rises beyond that of a private company to that of a state actor, and as such, Defendant is constrained by the First Amendment right to free speech in the censorship decisions it makes.”

The Plaintiff further alleged “On January 7, 2021, Defendants permanently banned the sitting President of the United States from their platform for exercising his constitutional right of free speech. Since then, the Defendants have mounted an aggressive campaign of censorship (flagging, shadow banning, etc.) resulting from legislative coercion and collusion with federal actors.”

The Plaintiff has laid down two claims for relief. The first is for the Defendants’ alleged violations of the Plaintiff’s first amendment right to freedom of speech. The second claim for relief is for a declaratory judgement declaring the unconstitutionality of Section 230 and the Communications Decency Act.

In the prayer for relief, the Plaintiff respectfully requests that the Court enter an order certifying this case as a class action, appointing Plaintiff as Class Representative and appointing Plaintiff’s counsel as Lead Class Counsel and that the Court order, adjudge, and decree in favor of Plaintiff and the Class against the Defendants for: an award of compensatory and punitive damages to the Plaintiff and the Class in an amount to be determined at trial; an injunction and declaratory judgment ordering Twitter to immediately reinstate the Twitter accounts of Plaintiff and Putative Class Members; an injunction and declaratory judgment ordering Twitter to remove its warning labels and misclassification of all content of the Plaintiff and the Class and to desist from any further warnings or classifications; a judgment declaring Sections 230(c)(1) and (c)(2) of the Communications Decency Act of 1996 unconstitutional; an award of attorneys’ fees, punitive damages, and costs to Plaintiff and the Class in an amount to be determined at trial; and an award of such other and further relief as the Court may deem just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-22441

  • Filing Date:

    07/07/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Referral Judge

Jonathan Goodman

Presiding Judge

Robert N. Scola, Jr

 

Party Details

Plaintiffs

Linda Cuadros

American Conservative Union

Donald J. Trump

Defendants

Twitter, Inc

Jack Dorsey

Attorney/Law Firm Details

Plaintiff Attorneys

Frank C. Dudenhefer, Jr.

Attorney at The Dudenhefer Law Firm, LLC

2721 St. Charles Ave, Suite 2A

New Orleans, LA 70130

John P. Coale

2901 Fessenden St. Nw

Washington, DC 20008

John Q. Kelly

Attorney at Ivey, Barnum & O'Mara

170 Mason Street

Greenwich, CT 06830

Michael J. Jones

Attorney at Ivey, Barnum & O'Mara

170 Mason Street

Greenwich, CT 06830

Richard Polk Lawson

Attorney at Gardner Brewer Martinez Monfort

400 N. Ashley Dr., Ste. 1100

Tampa, FL 33602

Roland A. Paul

Attorney at Ivey Barnum & O'Mara

170 Mason Street

Greenwich, CT 06830

Ryan Tougias

Attorney at Ivey, Barnum & O'Mara

170 Mason Street

Greenwich, CT 06830

Sean M. Hamill

Attorney at Ivey, Barnum & O'Mara

170 Mason Street

Greenwich, CT 06830

Matthew Lee Baldwin

Attorney at Vargas Gonzalez Hevia Baldwin, LLP

815 Ponce De Leon Blvd., Third Floor

Coral Gables, FL 33134

Defendant Attorneys

Felicia Ellsworth

Attorney at Wilmer Cutler Pickering Hale and Dorr LLP

60 State Street

Boston, MA 02109

Patrick J. Carome

Attorney at Wilmer Cutler Pickering Hale & Dorr LLP

1875 Pennsylvania Avenue, Nw

Washington, DC 20006

Peter W. Homer

Attorney at Homer Bonner Jacobs, P.A.

1441 Brickell Avenue, Four Seasons Tower Suite 1200

Miami, FL 33131

Ari Holtzblatt

Attorney at Wilmer Cutler Pickering Hale and Dorr LLP

1875 Pennsylvania Avenue, Nw

Washington, DC 20006

 

Court Documents

#95

(#95) ORDER of DISMISSAL from USCA for lack of jurisdiction re #77 Notice of Appeal, filed by David Andrew Christenson. USCA #21-13615-E. (apz) (Entered: 03/15/2022)

#94

(#94) ORDER denying #93 Motion for Leave to Appeal in forma pauperis. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (agn) (Entered: 02/09/2022)

#93

(#93) MOTION for Permission to Appeal in forma pauperis by David Andrew Christenson. (hh) (Entered: 12/16/2021)

#92

(#92) TRANSCRIPT INFORMATION FORM by David Andrew Christenson re #77 Notice of Appeal. No Transcript Requested. (apz) (Entered: 11/16/2021)

#90

(#90) CLERK'S NOTICE of Compliance re #89 Order. Additional Notice of Electronic Filing (NEF) sent to Mr. Marinello. The attached has been emailed to justinmarinello1@gmail.com (ail) (Entered: 10/28/2021)

#89

(#89) PAPERLESS ORDER: On October 27, 2021, the Court received the attached email from Mr. Justin Marinello. The Court has not invited this communication and thus, the correspondence is in violation of Local Rule 7.7, which states: Unless invited or directed by the presiding Judge, attorneys and any party represented by any attorney shall not: (a) address or present to the Court in the form of a letter or the like any application requesting relief in any form, citing authorities, or presenting arguments; or (b) furnish the Court with copies of correspondence between or among counsel, or any party represented by any attorney, except when necessary as an exhibit when seeking relief from the Court. Mr. Marinello is cautioned that further uninvited communications shall not be tolerated. This case has been closed and transferred to the Northern District of California. Any additional disputes should be raised in that District and subject to its respective Local Rules. The Clerk of the Court is directed to send a copy of this Order to Mr. Marinello at the following email address: justinmarinello1@gmail.com. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (agn) (Entered: 10/27/2021)

#88

(#88) Acknowledgment of Receipt of NOA from USCA re #77 Notice of Appeal, filed by David Andrew Christenson. Date received by USCA: 10/18/2021. USCA Case Number: 21-13615-H. (apz) (Entered: 10/27/2021)

#87

Case Transferred to the Northern District of Californina. Closed in the Southern District of Florida. SEE DE #87 ORDER (per Chambers) (ail) (Entered: 10/27/2021)

#77

(#88) Acknowledgment of Receipt of NOA from USCA re #77 Notice of Appeal, filed by David Andrew Christenson. Date received by USCA: 10/18/2021. USCA Case Number: 21-13615-H. (apz) (Entered: 10/27/2021)

1 #3

Summon(s) Summons (Twitter)

1 #2

Summon(s) Summons (Dorsey)

1 #1

Civil Cover Sheet Civil Cover Sheet

1 #1

Main Document

6 #2

Text of Proposed Order Proposed Order

5 #1

Exhibit Exhibit A-Complaint

5 #5

Main Document

#4

#3

296 More Documents Available
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Docket Entries

  • 03/15/2022
  • View Court Documents

  • Docket(#95) ORDER of DISMISSAL from USCA for lack of jurisdiction re #77 Notice of Appeal, filed by David Andrew Christenson. USCA #21-13615-E. (apz) (Entered: 03/15/2022)

    [+] Read More [-] Read Less
  • 02/09/2022
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  • Docket(#94) ORDER denying #93 Motion for Leave to Appeal in forma pauperis. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (agn) (Entered: 02/09/2022)

    [+] Read More [-] Read Less
  • 12/03/2021
  • View Court Documents

  • Docket(#93) MOTION for Permission to Appeal in forma pauperis by David Andrew Christenson. (hh) (Entered: 12/16/2021)

    [+] Read More [-] Read Less
  • 11/15/2021
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  • Docket(#92) TRANSCRIPT INFORMATION FORM by David Andrew Christenson re #77 Notice of Appeal. No Transcript Requested. (apz) (Entered: 11/16/2021)

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  • 10/28/2021

  • Docket(#91) ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in California Northern District as case 3:21-cv-08378, filed 10/28/2021.(jua) (Entered: 10/28/2021)

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  • 10/28/2021
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  • Docket(#90) CLERK'S NOTICE of Compliance re #89 Order. Additional Notice of Electronic Filing (NEF) sent to Mr. Marinello. The attached has been emailed to justinmarinello1@gmail.com (ail) (Entered: 10/28/2021)

    [+] Read More [-] Read Less
  • 10/27/2021
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  • Docket(#89) PAPERLESS ORDER: On October 27, 2021, the Court received the attached email from Mr. Justin Marinello. The Court has not invited this communication and thus, the correspondence is in violation of Local Rule 7.7, which states: Unless invited or directed by the presiding Judge, attorneys and any party represented by any attorney shall not: (a) address or present to the Court in the form of a letter or the like any application requesting relief in any form, citing authorities, or presenting arguments; or (b) furnish the Court with copies of correspondence between or among counsel, or any party represented by any attorney, except when necessary as an exhibit when seeking relief from the Court. Mr. Marinello is cautioned that further uninvited communications shall not be tolerated. This case has been closed and transferred to the Northern District of California. Any additional disputes should be raised in that District and subject to its respective Local Rules. The Clerk of the Court is directed to send a copy of this Order to Mr. Marinello at the following email address: justinmarinello1@gmail.com. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (agn) (Entered: 10/27/2021)

    [+] Read More [-] Read Less
  • 10/27/2021
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  • Docket(#88) Acknowledgment of Receipt of NOA from USCA re #77 Notice of Appeal, filed by David Andrew Christenson. Date received by USCA: 10/18/2021. USCA Case Number: 21-13615-H. (apz) (Entered: 10/27/2021)

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  • 10/27/2021
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  • DocketCase Transferred to the Northern District of Californina. Closed in the Southern District of Florida. SEE DE #87 ORDER (per Chambers) (ail) (Entered: 10/27/2021)

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  • 10/27/2021

  • DocketSYSTEM ENTRY - Case 1:21-cv-22441 electronically transferred out to California Northern. (wc) (Entered: 10/27/2021)

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81 More Docket Entries
  • 07/12/2021
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  • Docket(#10) PAPERLESS ORDER: The Court grants #6 #7 motions to appear pro hac vice, consent to designation, and request to electronically receive notices of electronic filing. Attorneys Frank C. Dudenhefer, Jr and John P. Coale are given permission to appear and participate in this matter on behalf of Plaintiff Donald J. Trump. The Clerk of the Court is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motions. The Court denies without prejudice #8 motion to appear pro hac vice, consent to designation, and request to electronically receive notices of electronic filing. The Clerk of Court could not locate Attorney John Q. Kelly as a member in good standing of the District of Columbia Bar listed in the motion. Signed by Judge Robert N. Scola, Jr. (agn) (Entered: 07/12/2021)

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  • 07/09/2021
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  • Docket(#9) Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 7/7/2021. See attached document for full details. (ebz) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#8) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Q. Kelly. Filing Fee $ 200.00 Receipt # AFLSDC-14832364 by American Conservative Union, Linda Cuadros, DONALD J TRUMP. Responses due by 7/23/2021 (Attachments: #1 Certification Certification of John Q. Kelly, #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#7) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John P. Coale. Filing Fee $ 200.00 Receipt # AFLSDC-14832355 by American Conservative Union, Linda Cuadros, DONALD J TRUMP. Responses due by 7/23/2021 (Attachments: #1 Certification Certification of John P. Coale, #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#6) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Frank C. Dudenhefer, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-14832336 by American Conservative Union, Linda Cuadros, DONALD J TRUMP. Responses due by 7/23/2021 (Attachments: #1 Certification Certification of Frank C. Dudenhefer, Jr., #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#5) NOTICE by American Conservative Union, Linda Cuadros, DONALD J TRUMP of Constitutional Question (Attachments: #1 Exhibit Exhibit A-Complaint) (Baldwin, Matthew) (Entered: 07/09/2021)

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  • 07/08/2021
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  • Docket(#4) Bar Letter re: Admissions sent to attorney John P. Coale, Frank C. Dudenhefer Jr, John Q. Kelly, Michael J. Jones, Roland A. Paul, Ryan S. Tougias, Sean M. Hamill, mailing date July 8, 2021, (pt) (Entered: 07/08/2021)

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  • 07/07/2021
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  • Docket(#3) Summons Issued as to Jack Dorsey, Twitter, Inc. (amb) (Entered: 07/07/2021)

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  • 07/07/2021

  • Docket(#2) Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#1) COMPLAINT against Jack Dorsey, Twitter, Inc. Filing fees $ 402.00 receipt number AFLSDC-14825136, filed by DONALD J TRUMP, American Conservative Union, Linda Cuadros. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons (Dorsey), #3 Summon(s) Summons (Twitter))(Baldwin, Matthew) (Entered: 07/07/2021)

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