welcome back okay president trump
his class action lawsuit on big tech
censorship
it's now fueling a big push by
republicans to really crack down on
facebook and twitter
look who's back with us former trump
white house press secretary
she's the co-host of the hit show
outnumbered on fox news
kelly mcinerney is with us okay this
bill would let people sue
social media for censoring them and
would they're also
pushing to break them up an anti-trust
push
here's the question for you why should
they get protection
from lawsuits over third-party content
when they are censoring third-party
content
it's a great question yeah they have
that section 230 protection which makes
essentially makes them immune from any
sort of liability
it's astonishing which is why president
trump is saying hey
you have entered first amendment
territory first amendment of course
means the government cannot censor
speech facebook twitter google these are
private entities
but what president trump is saying is
you've entered the government space
when you are saying hey in florida for
example governor desantis has a panel
with yale and with stanford
you cannot have this panel because you
say that children shouldn't wear masks
we're going to censor you
because we're going to use cdc
information to censor you so he's
arguing you've entered the government
space
when you're using cdc information to
thus censor people
with otherwise very very medically sound
opinions like that of harvard stanford
yale and governor desantis here in
florida
you know justice john paul stephen said
that
uh basically unregulated economic power
is political power we're talking about
two or three companies that really
dominate
the public square and they're dominating
the national conversation kaylee
we can't tell you how many times we've
talked to people who just
what what they're telling talking about
their set of facts
doesn't comport with the reality of the
stories that are out there
so the it's the president former
president trump said yes social media is
conspiring
quote with the government to basically
censor he's saying effectively
that the mainstream media and the
government is doing is was giving them
lawsuit protection
in order to censor and silence and
suppress the opposing views
that might be a stretch in court but
that's his contention
it's certainly a novel legal argument
but it's an interesting one and i'm
curious to see where it goes and one of
the examples he uses is dr fout she had
a correspondence with
mark zuckerberg of course facebook ceo
and whether
this was a correspondence that ended up
with facebook censoring certain
viewpoints based on information that was
garnered from dr fauci who's at
nih a government entity so it is a novel
legal argument we will see where it goes
uh but it's interesting because they're
saying essentially um
you know justice thomas for instance his
concurrence opinion noted that
these you know these entities which are
big you know there's two or three of
them they monopolize essentially the
public conversation
whether they've entered common carrier
space meaning they're like a telephone
company which legally
cannot discriminate as to who uses their
product has facebook has twitter
has google entered that realm i think
it's a very compelling argument josh
hawley and others have bought onto it
and we will see if the courts buy into
it
yeah that's the one that's that's it's a
common carrier right for phone companies
in other words if you're paying them
then you've they have to take you know
what you're saying
and just just put it out there they're
not allowed to censor it
you know there's also these vague terms
of service that results in them
censoring
and deep platforming uh willy-nilly any
any which way they want um it seems to
me that these guys in silicon valley
don't understand the power that they
have
and and then and how much they're
distorting the national conversation
you know kelly here's the thing pew uh
research
did a poll last year 75 percent
three-quarters of americans say yeah
they think social media is intentionally
censoring people
for their political viewpoints are they
hearing that in silicon valley now we
get it that conservatives are allowed to
tweet
and the conservatives are tweeting out
you know their points of view but we we
can't tell you how many stories we've
heard of
both facebook and twitter deep
platforming people
it's funny because when i was
researching for your segment i came
across a lot of articles saying
there's no definitive proof that social
media big
tech you know is is censoring
conservatives you know they censor but
it's not particularly
against conservatives well look let's
just look at anecdotal evidence the new
york post is censored their hunter biden
story is censored
from twitter and conveniently after the
election you have jack dorsey saying we
apologize for that
instagram i was a victim of their
censorship i posted elizabeth warren's
bar card which the washington post
had also posted i got an apology only
because i had a megaphone but that's
what makes
president trump's lawsuit so novel is
that it's a class action lawsuit it's
not just about him
and his profile it's about thousands of
americans out there
who are conservative who have been
censored but don't have the megaphone to
get an apology like the new york post
me or perhaps other conservatives who
happen to have platforms
now we get it the first amendment
protects private sector companies right
um it doesn't cover let me back up
private sector companies
it's about government censorship but you
know there's so many layers to this
kaylee that
you know this this story does have legs
kayleigh mcinerney
it's good to have you back on don't be a
stranger come back soon up