Twitter wants former President Donald Trump‘s lawsuit against the social media giant transferred to a federal judge in San Francisco and scrapped.
Mr. Trump filed suit against Twitter and CEO Jack Dorsey in a Florida federal court in July, claiming a violation of the First Amendment after the platform banned him earlier this year.
Twitter urged the federal court in Florida to transfer the case to California, because that is where Twitter is based.
“The claims asserted in this action are meritless and should be dismissed with prejudice as a matter of law. But before those fatal flaws can be addressed, the court should correct another fundamental problem with this lawsuit: It is filed in the wrong court,” said Twitter’s lawyers in a court filing. “The forum selection clause in Twitter’s User Agreement requires claims like those asserted here to be litigated in the state or federal courts in San Francisco, California.”
The terms of service requiring all disputes to be litigated in San Francisco courts include an effective date of Aug. 19, 2021, according to an exhibit submitted by Twitter to the court, which is several months after Mr. Trump was booted from the platform.
Twitter, however, argued that Mr. Trump was bound by Twitter’s current terms of service and had acknowledged so in a separate lawsuit.
Mr. Trump‘s lawyers did not immediately respond to a request for comment and have not responded in court, according to the court’s docket.
The Florida federal court set a Thursday deadline for the U.S. government to intervene in the case, particularly to provide input on the constitutionality question raised by Mr. Trump against Twitter.
The Justice Department told the court Tuesday that it had yet to discuss a briefing schedule with lawyers for Mr. Trump and others bringing the lawsuit and would update the court after it reaches any agreement with the litigants over a schedule for filing briefs.
Alongside Mr. Trump‘s lawsuit against Twitter and Mr. Dorsey, Mr. Trump also sued other platforms that banned him, including Facebook and its CEO, Mark Zuckerberg, and Google-owned YouTube and Google CEO Sundar Pichai.
Facebook has said it is keeping its ban against Mr. Trump in place until 2023. This week, a judge set a November deadline for the U.S. government to intervene with input in Facebook’s case.
YouTube, like Twitter, has sought to have Mr. Trump‘s case transferred to a California court. The judge in Mr. Trump‘s case against YouTube issued an order Thursday saying the judge would rule on whether the case should be transferred.
The judge also delayed the deadline for the U.S. government to intervene until after the judge issues a ruling on where the case should be heard.