All the Presidents' Lawyers
What is a state actor?
Ken White and Josh Barro discuss Trump’s suit against Twitter, what makes a state actor, if sending cease and desist letters is doing the RICO, and more.
By Josh Barro • • 32m ListenFormer President Donald Trump has sued Twitter trying to get back on the platform. His suit says Twitter violated his First Amendment rights and that they broke a new Florida law that purports to prohibit social media companies from being banned in a manner inconsistent with the companies’ internal policies. The thing is, the First Amendment applies to the government restricting free speech and Trump’s theory is that Twitter is a state actor. When would a private entity be considered a state actor? Is there a case to be made that Dominion Voting Systems is a state actor? One group of people thinks so, and they’ve filed a new class action lawsuit against Dominion Voting Systems that says the cease and desist letters the company sent them after the 2020 elections are RICO. Ken, is it RICO?!
Plus: a detailed report on whether Trump is really at risk of state charges in Georgia, Matt Gaetz’s legal team, Dan Scavino evades a subpoena from a congressional committee.
