Former President Donald Trump gave highly-frustrated Americans a reason to hope last week when he announced his class-action lawsuit against censorious Big Tech giants Twitter, Facebook, and Google. 

The Silicon Valley triumvirate has maintained a stranglehold on information in our country, and everyday Americans are tired of their speech being censored, deleted, and ‘given context’ by leftist elites who claim to know better. The New York Times and other corporate media giants were quick to defend their allies in California, castigating Trump’s lawsuit as frivolous and doomed to fail. 

But the fact is that Trump’s case stands on interesting, albeit new and questionable, legal footing. The outcome could be as the media paints it, or it could represent an expansion of the First Amendment and the beginning of the end for our Big Tech overlords.

Trump’s legal team lays out a fascinating theory that’s been gaining ground in academic circles for several years. In simple terms, they argue that private companies like Google become subject to First Amendment restrictions as soon as they begin to act like state agents.

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It’s true that the First Amendment only applies to the government, not private companies. 

However, when Twitter acts under the authority, influence, or pressure of the government, the theory goes that it becomes a state actor and forfeits the right to ignore the First Amendment protections that Americans expect in the public square. Again, when someone like Twitter cozies up to the government and does its bidding, it could become a government actor. 

Trump and other victims of Big Tech censorship have every right to sue on First Amendment grounds, and it’s going to be up to the courts—and potentially the Supreme Court—to decide if First Amendment protections can apply to private actors acting under government authority, influence and coercion, or with their cooperation.

It’s a novel theory, but it’s one whose time may have come. 

Click here to read the rest of Mark’s article in The Washington Times (pay wall)!

About The Author

Mark was a co-founder of the Tea Party Patriots, and served as the national coordinator. He left the organization to work more broadly on expanding the self-governance movement beyond the partisan divide. Mark appears regularly on television in outlets as diverse as MSNBC, ABC, NBC, Fox News, CNN, Bloomberg, Fox Business and the BBC. He’s highly sought after for the tea party perspective from print and electronic media outlets, from the Wall Street Journal, New York Times, L.A. Times, Washington Examiner, Politico and the The Hill. Mark blogs at, and his opinion editorials regularly run in many of the leading political newspapers both on and offline. Mark has a BA in English from San Diego State University and graduated with honors from University of the Pacific, McGeorge School of Law in 1988. He practiced real estate and business law for almost a decade. For the last eleven years of his legal career he specialized in Internet advertising law. When not fighting for the future of our nation, Mark is an avid horseman, and lives in rural northern California with his wife Patty and two children.