.MaddowBlog: Why Devin Nunes’ lawsuit against Twitter is such a bad idea.
For at least a generation or two, one of the Republican Party’s core policy goals was putting an end to frivolous lawsuits. GOP officials and candidates, for as long as I can remember, have used the phrase “trial lawyers” as a nasty epithet – always repeated with disgust – and blamed excessive litigation for many of society’s ills.
Donald Trump appears to think the litigation, filed by one of his most loyal congressional allies, is a great idea.For one thing, though far-right conspiracy theorists are convinced that Twitter and other tech giants are secretly undermining conservatives, there is no evidence to bolster such a plot. For another, as the Associated Press’ report noted, the Communication Decency Act shields online enterprises such as Twitter from being held liable for content published by their users.
Indeed, Nunes’ litigation specifically quotes the late U.S. Supreme Court Justice Oliver Wendell Holmes Jr.: “If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought – not free thought for those who agree with us but freedom for the thought that we hate.”The whole endeavor makes Nunes appear quite small and petty.
So why file the lawsuit at all? Only the congressman and his lawyers know for sure, but I suspect it’s part of a misguided political game: in the coming weeks and months, Nunes will be able to send out fundraising appeals, bragging about being the one member brave enough to take on those Twitter rascals and their nefarious anti-conservative conspiracy for which there is no proof. We’ll likely see him heralded in conservative media and applauded at far-right gatherings.
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