John Coale, an attorney for former President Donald Trump, told Newsmax that a loophole in Twitter’s terms of service could open the door to restoring his account on the giant social media platform.
Coale made his comments in an appearance on "Cortes & Pellegrino" Thursday night. Trump has filed a lawsuit in Florida against Twitter to restore access to his account, arguing the account was a "key channel for official communication" as a government official and not a private citizen.
"Well, when he became president it became a government account," Coale told Newsmax. "And under the law and the court decisions, the government account does not have the terms of service that a regular person's account does. So, from the day he was inaugurated until he left office, he was under ... those rules and those rules are not made up by Twitter, Facebook, or YouTube. They're made up by the federal government.
"If you remember, he wanted to block people, and the court said you can't because you have a government contract. You don't have a regular contract so you can't block people. Because your conduct is as the president (of the) United States, it's a communication you use and the president uses to communicate with the American people.
"So, they really had no contract from the time he was inaugurated all way through when he left office. Now they're trying to say when he left office, the old stuff came back. But he was banned, he had nobody. You have to have two people to a contract.
"We have to bring the social media into the 21st century and the law with it. We can’t have these giant companies determining what we can and can’t say."
When Trump's account was started in 2009, Twitter's terms of service agreement language did not apply to government entities if they are unable to control law, jurisdiction, or venue clauses.
The lawsuit was filed in Florida to avoid having the case moved from Florida to California, the locale of the Twitter headquarters.
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