2:18-cv-02573-DCN
Date Filed 02/08/19
Entry Number 17
Page 2 of 11
Discussion
Plaintiff alleges in his pro se Complaint that on or about June 17, 2018, the Defendant
suspended his Twitter account, citing a violation of Twitter’s “Hate Speech” policy but without
including the specific section or clause that Plaintiff had allegedly violated. Plaintiff alleges that he
thereafter sought clarification and a proper citation from the Defendant “numerous” times, but that
Twitter Support has failed to ever provide him with any information regarding the specifics of the
alleged violation. Plaintiff further alleges that the Defendant is requiring him to delete the flagged
content in order to regain access to his Twitter account, in violation of the Terms of Service
Agreement entered into between Plaintiff and the Defendant on or about February 2012. Plaintiff
has attached to his Complaint as an exhibit a copy of what purports to be the tweet that led to the
suspension of his Twitter account.2 Plaintiff seeks monetary damages as well as certain specified
declaratory and/or injunctive relief.
In its motion to dismiss, Defendant argues that it is entitled to dismissal of this case
because Plaintiff’s claims are barred by the Communications Decency Act (CDA) 47 U.S.C. §
230(c), by the First Amendment to the United States Constitution, and because the Complaint fails
to allege that Plaintiff has suffered any damages as a result of any actions by the Defendant. When
considering a Rule 12 motion to dismiss, the Court is required to accept the allegations in the
1
(...continued)
Rule 19.02(B)(2)(c), D.S.C. The Defendant has filed a motion to dismiss. As this is a dispositive
motion, this Report and Recommendation is entered for review by the Court.
2
This tweet (as represented in Plaintiff’s exhibit) reads as follows: “Islam is a Philosophy of
Conquests wrapped in Religious Fantasy & uses Racism, Misogyny, Pedophilia, Mutilation,
Torture, Authoritarianism, Homicide, Rape . . . Peaceful Muslims are Marginal Muslims who are
Heretics & Hypocrites to Islam. Islam is . . .”
2