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[](https://www.engadget.com/about/editors/jon-fingas/) [Jon Fingas](https://www.engadget.com/about/editors/jon-fingas/) Reporter Sat, December 11, 2021 at 4:53 PM GMT Sat, December 11, 2021 at 4:53 PM GMT  REUTERS/Joshua Roberts It won't surprise you to hear Twitter is fighting former President [Trump's lawsuit over his ban](https://www.engadget.com/trump-sues-twitter-facebook-google-152555050.html). *Bloomberg* [reports](https://www.bloomberg.com/news/articles/2021-12-10/twitter-tells-judge-trump-has-free-speech-wrong-in-suit-over-ban) Twitter has asked a judge to dismiss the suit as it allegedly misinterprets and threatens the company's First Amendment free speech rights. The social network noted it was a private company that isn't obligated to host speech it doesn't like, and that Trump repeatedly violated the rules he agreed to when he chose to use the service. A forced ban reversal would challenge "bedrock principles of constitutional law," Twitter said. Moreover, Twitter argued its editorial choices related to basic public concerns, including threats to a peaceful White House transition as well as statements that could foster "further violence." The company merely flagged Trump's tweets as misleading in the run-up to the January 6th Capitol assault, but banned him after he continued. Lead attorney John Coale has contended Twitter is a "state actor" as Section 230 of the Communications Decency Act supposedly equates to a subsidy that forces it to honor the First Amendment like the government does. Biden's Justice Department has objected to this interpretation in a court filing, however, stating that Section 230 is only meant to protect against liability, not regulate the speech of officials like the ex-President. Advertisement Advertisement Advertisement Trump isn't waiting for a [return to Twitter](https://www.engadget.com/donald-trump-sues-to-get-his-twitter-account-back-143200517.html), Facebook and other social networks. He recently launched [Truth Social](https://www.engadget.com/trump-truth-social-software-license-violation-185629984.html) in a bid to enable himself and other conservatives who've felt silenced by tech companies. If Twitter succeeds in its dismissal request, though, Trump won't have much of a choice but to give up his once-preferred platform. Advertisement - [Terms](https://guce.engadget.com/terms?locale=en-US) and [Privacy Policy](https://guce.engadget.com/privacy-policy?locale=en-US) - [Privacy Dashboard](https://guce.engadget.com/privacy-dashboard?locale=en-US) - [About our ads](https://legal.yahoo.com/us/en/yahoo/privacy/adinfo/index.html) Advertisement Advertisement ## Recommended articles  Engadget review recap: ASUS ZenBook A16, AirPods Max 2, Sonos Play and LG Sound Suite A roundup of the latest reviews from Engadget. 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REUTERS/Joshua Roberts It won't surprise you to hear Twitter is fighting former President [Trump's lawsuit over his ban](https://www.engadget.com/trump-sues-twitter-facebook-google-152555050.html). *Bloomberg* [reports](https://www.bloomberg.com/news/articles/2021-12-10/twitter-tells-judge-trump-has-free-speech-wrong-in-suit-over-ban) Twitter has asked a judge to dismiss the suit as it allegedly misinterprets and threatens the company's First Amendment free speech rights. The social network noted it was a private company that isn't obligated to host speech it doesn't like, and that Trump repeatedly violated the rules he agreed to when he chose to use the service. A forced ban reversal would challenge "bedrock principles of constitutional law," Twitter said. Moreover, Twitter argued its editorial choices related to basic public concerns, including threats to a peaceful White House transition as well as statements that could foster "further violence." The company merely flagged Trump's tweets as misleading in the run-up to the January 6th Capitol assault, but banned him after he continued. Lead attorney John Coale has contended Twitter is a "state actor" as Section 230 of the Communications Decency Act supposedly equates to a subsidy that forces it to honor the First Amendment like the government does. Biden's Justice Department has objected to this interpretation in a court filing, however, stating that Section 230 is only meant to protect against liability, not regulate the speech of officials like the ex-President. Trump isn't waiting for a [return to Twitter](https://www.engadget.com/donald-trump-sues-to-get-his-twitter-account-back-143200517.html), Facebook and other social networks. He recently launched [Truth Social](https://www.engadget.com/trump-truth-social-software-license-violation-185629984.html) in a bid to enable himself and other conservatives who've felt silenced by tech companies. If Twitter succeeds in its dismissal request, though, Trump won't have much of a choice but to give up his once-preferred platform.