A California man is suing Twitter and two progressive congresswomen in connection with President Donald Trump's suspension from the social media platform, citing "overbearing pain and suffering."
In the complaint filed in a U. S. District Court in California on Tuesday, Erik Estavillo argued that he and every "follower that was, without a doubt, emotionally and mentally damaged as a result of the Presidents' ban" is entitled to $88.7 million each.
Estavillo, who is representing himself, is also seeking the reinstatement of Trump's account and a retaliatory Twitter ban on Representatives Alexandria Ocasio-Cortez and Ilhan Omar, who, he argues, promote "Eastern communist philosophies."
The plaintiff claims that because of various health problems, including depression, obsessive-compulsive disorder and Crohn's syndrome, Estavillo has "no friends" and can rarely leave the house. As a result, the complaint says, he heavily relies on Twitter to participate in political discourse.
"The Americans with Disabilities Act should protect him from such egregious behavior on the part of Twitter," the lawsuit reads. "He has nowhere else to voice his first amendment rights to free speech."
Estavillo's suit also argues that Twitter has become a "virtual company town," which would exempt the platform from limiting certain free speech. The suit points to the Supreme Court's decision in Marsh v. Alabama, where it ruled that certain public spaces, even privately owned ones, may be required to provide freedom of speech and religion.
The complaint notes that Estavillo is a registered Democrat. In a statement sent to the New York Post, the California man said he supported Senator Bernie Sanders in last year's Democratic primaries but thinks this legal action will help protect First Amendment rights online.
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Bless their heart. https://t.co/2dd2Xqn6W8— Ilhan Omar (@IlhanMN) January 13, 2021
Submitted 48 days ago