Alex Berenson is back on Twitter
My new Substack, with a longer and more nuanced explanation of why my settlement may help other banned users (including fascinating comments from Judge William Alsup at the April 28 motion to dismiss hearing on Berenson v Twitter)
https://alexberenson.substack.com/p/why-the-berenson-v-twitter-settlement?utm_source=twitter&sd=pf
>Alex Berenson is back on Twitter
Thread
Pro tips for surviving a @Twitter motion to dismiss
on breach of contract claims after the lil bird has unfairly banned you:
1) File in San Francisco, either California or federal court. Your case will be moved there anyway, starting there shows you're serious…
2) File a solo claim. The specifics are incredibly important here - you need to show that your individual tweets did not violate Twitter's stated rules. This cannot be a class action.
3) Save all correspondence from Twitter regarding your tweets and strikes…
3a) If the lil bird didn't email you to detail each strike, even better. How can you know you're in violation, much less cure the problem, if Twitter hasn't bothered to tell you what the violation is?
4) Do NOT file an ego claim. Who you are matters much less than what you said.
5) Make sure your attorney knows about Taylor v. Twitter, a 2018 ban case in which Twitter's lawyers took the position that Twitter could ban gay people, or women, or whoever it liked under Section 230. This is the logical extreme of Twitter's 230 protections…
5a) And most judges are going to be very surprised when they hear it. It is slightly off to the side of the breach claims, but it puts Twitter on the record in a very unpleasant position.
6) Consider filing a Pruneyard/California free speech or common carrier claim, especially if you file in state court. I still believe that a well-pled California claim might be compelling - most have not been. California has exceptional protections for free speech.
7) Longtime Twitter users: consider pointing out that the terms of service when you joined explicitly declaimed censorship and question if Twitter properly updated them to you. A longshot, but it will highlight the way the bird's policies have changed to suppress free speech.
8) Be prepared for tons of woke commentary from people like America's Finest Legal Analyst (aka @akivamcohen) mocking your suit. Don't expect them to admit it when you prove them wrong. That's okay. They'll know. So will you.
9) Get a good lawyer, like @jlawrencenc.
Good luck!
https://twitter.com/AlexBerenson/status/1545164113978003461
Robert F. Kennedy Jr @RobertKennedyJr·16m
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