@ariegoldshlager @taylorlorenz ngl the Post Guild should consider a 1A lawsuit as Elon provided no reason to ban her.
@91toph @ariegoldshlager @taylorlorenz Elon banning her is upsetting and stupid, and arguably problematic due to Twitter’s outsized influence, but whether Elon needs a “reason” to ban anyone is a more complicated question. 1A surely doesn’t apply.
@chucker @ariegoldshlager @taylorlorenz But like i've said, Alex Berenson can get away with it using The 1A as grounds for a lawsuit to reinstate his Twitter account.
@91toph @chucker @ariegoldshlager @taylorlorenz AB didn’t win based on a 1A argument. He won because he had received private guarantees by twitter employees that he wouldn’t get banned. It was functionally a contract argument.

@verysimple @91toph @chucker @ariegoldshlager @taylorlorenz

And it wasn’t an email from just any employee. It was an email from a VP with apparent authority to make agreements.

@IMH @91toph @chucker @ariegoldshlager @taylorlorenz exactly. He may have couched his rhetoric about it in 1A/free speech language, but that wasn’t the basis of his actual legal argument.
@chucker @taylorlorenz @91toph @ariegoldshlager In America you can file a lawsuit claiming anything, no matter how spurious. The First Amendment absolutely does not constrain private entities — just read the damn thing — and the only reason a First Amendment lawsuit against a corporation might work is that they might give in to avoid having to waste money on lawyers to fight it.
@taylorlorenz @chucker @ariegoldshlager @91toph Elon is burning over a billion dollars a year to ruin Twitter, so I’m pretty sure he’d spend $10k more on lawyers to “own the libs”.

@91toph @chucker @ariegoldshlager @taylorlorenz

Berenson got back on Twitter not because of 1A but because of promise made in email by a VP with apparent authority to bind corp which probably encouraged a settlement.