GOP California Rep. Devin Nunes’s $250 million lawsuit against Twitter may end up being largely symbolic, according to Fox News senior judicial analyst Judge Andrew Napolitano Tuesday.
“I think it’s a novel litigation, because we haven’t seen anything like this before. Usually when public officials sue because of what somebody said or didn’t say about them, they lose,” Napolitano said Tuesday on “Fox & Friends.”
“The theory being they have as big a megaphone as the person they claim has harmed them. And the First Amendment does not regulate Twitter. It’s a private entity. So I don’t know where it’s going to go. He may be doing this just to make a statement.”
Napolitano said Nunes has a right to be upset if he’s being shadow banned on social media, but claimed it’s not illegal because Twitter is a private company.
“That’s horrible. And if it happened to me I’d be furious,” he said. “But it’s not illegal. They’re not the government.”
Napolitano said the court may have to rule on certain issues within the case, but will likely continue to side with Twitter and free enterprise.
“You know, maybe the court’s going to have to decide this. But because this is a private entity, they can do this,” he added.
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