Twitter’s TOS Upheld Despite Unilateral Amendment Clause—Brittain v. Twitter

This is one of the many Trump-associated lawsuits (#MALGA) by so-called conservatives against Internet companies for allegedly squelching their voices. In this case, Craig Brittain, an erstwhile political candidate, had several campaign-related Twitter accounts suspended (including @CraigRBrittain, @AuditTheMedia, @SenatorBrittain, and @Brittain4Senate), allegedly costing him 500,000 followers. He sued for “$1 billion in damages, a declaration that Twitter interfered in the 2018 federal election, and an injunction preventing Twitter from suspending or otherwise limiting access to accounts.” Twitter invoked the forum selection clause in its TOS and sought to relocate the case from Arizona to its home court in San Francisco. The court doesn’t discuss TOS formation, saying Brittain “affirmatively assenting to the ‘clickwrap’ agreement” (ugh) and adding: “Brittain does not dispute that he voluntarily agreed to the Terms when he…

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