Former NYT reporter banned after calling vax mandate ‘insanity’ sues Twitter, awaits Musk’s next move

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(Video Credit: Fox News)

Former New York Times reporter and author Alex Berenson is proceeding with his lawsuit against Twitter for banning him over his COVID vaccine analysis while waiting to see what Tesla CEO Elon Musk does after taking over the social media platform.

The author of “Pandemia” will be in court Thursday after the suit survived Twitter’s motion to dismiss, according to Fox News.

The outspoken COVID critic now writes on Substack but asserts there is absolutely no substitute for Twitter.

“I filed a lawsuit in December and Twitter responded with a motion-to-dismiss which is standard. We responded and Twitter sent out one more response and there will be a hearing on this tomorrow,” Berenson began in his interview with Fox News host Tucker Carlson on Wednesday.

“Our lawsuit, I think, is stronger than a lot of other lawsuits that have not survived the motion-to-dismiss stage,” he remarked.

“In some ways, it’s a very interesting moment because I am, you know, like everyone else — I’m waiting to see what Elon [Musk] does with the platform. But right now, Elon does not own Twitter and I am not allowed on Twitter,” Berenson noted.

He contends his First Amendment rights were violated by what California law should consider a “common carrier.”

“My free speech, my rights… Twitter was the most powerful way I had to petition the government and there’s no question that government officials spoke out publicly in July and August of 2021 and that, contemporaneous with that, Twitter’s attitude towards me hardened immediately and immeasurably. Now, since then, as you said, I’m on Substack and I have a large following on Substack but my power to petition the government has been greatly diminished. I hope people who have not signed up for Substack will do that. But there’s no substitute for Twitter,” he remarked.

Interestingly, Berenson said he is glad that Twitter is located in California because he claims it has strong free-speech protections embedded in state law.

“It also has a section of its civil code that essentially makes clear that Twitter should be defined as a common carrier for the purposes of California law. So I have protections under California law that, if enforced, would essentially force Twitter to allow me back on the platform,” Berenson pointed out.

“Twitter is a large private company, and California courts have said before that shopping malls, for example, must allow people to speak even if their speech is not what the malls want — Twitter is much more powerful than a shopping mall,” he added

Berenson still adamantly claims that he was banned from Twitter because he spoke the truth about COVID vaccine risks and the politicization of the pandemic.

“My final tweet said it doesn’t stop infection or transmission about the vaccines,” he recounted. “I think everyone in the world would agree about the RNA vaccines (Moderna & Pfizer). That’s correct.”

“There’s this idea that somehow if we allow people free speech, there’ll be this complete breakdown,” Berenson asserted. “That’s nonsense. Twitter just needs to allow the kinds of speech online that are allowed offline and with the same limits.”


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