On September 3rd, Libs of TikTok published a statement on their website following a one-week suspension from Twitter proclaiming that if the aforementioned social media company decides to permanently ban them from the platform, then they’ll be suing the Big Tech company.
In Libs of TikTok’s issued statement on the matter, they referenced the conundrum that led to their Twitter account receiving a one-week suspension – which the suspension stemmed exclusively from Libs of TikTok factually reporting on a children’s hospital performing mutilative gender-affirming surgeries on minors.
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“Last week, I was wrongfully suspended from Twitter for seven days after I exposed a hospital that admitted to performing gender-affirming hysterectomies on healthy minors. I say ‘wrongfully’ because the reason given for my suspension was hateful conduct. I did not engage in hateful conduct. I accurately reported the truth.”
Libs of TikTok went on to cite how disgraced Washington Post contributor Taylor Lorenz (who has seemingly made it her thing as of late to target Libs of TikTok) crafted what they referred to as a “hit piece” on September 2nd, which noted that Lorenz’s article claimed, “that Twitter executives are facing ‘internal pressure from some employees to respond more aggressively to my account.”
Assuming that such conversations are taking place inside of Twitter’s headquarters, Libs of TikTok believes that the only way Twitter could become “more aggressive” in their efforts against their account would be to outright ban them from the platform.
However, if Twitter decides to pursue that route, Libs of TikTok says they’re going to be taking the Big Tech behemoth to court over a breach of contract.
“The only thing more aggressive than a seven-day suspension would be a permanent ban. But if that happens — if they ban my account for hateful conduct when all I’ve done is report the facts — then I’ll sue them for breach of contract. I’ll also bring claims under California state law and the California Constitution.”
On September 1st, two days prior to Libs of TikTok releasing the abovementioned statement, the legal team representing Libs of TikTok wrote to Twitter’s head of legal/policy, Vijaya Gadde, informing the Big Tech platform that the original account suspension from late August was already a contract violation.
“Despite our client’s rejection of violence and LOTT’s track record of encouraging people to engage peacefully in the political process, on August 27, Twitter suspended our client’s account. Your company’s suspension notice cited no specific tweet or statement by LOTT, rather, your company based LOTT’s suspension on ‘[v]iolating our rules against hateful conduct.’ Twitter then cited the hateful conduct policy’s language that ‘[y]ou may not promote violence against, threaten, or harass other people on the basis of certain protected categories. As we explain in further detail below, LOTT did not violate your company’s hateful conduct policy. By wrongfully suspending LOTT, Twitter violated its contract with our client.”
The legal notice went on to cite the case of Alex Berenson, whose Twitter account was previously banned permanently until Berenson brought forth a case claiming breach of contract, in which the courts found merit in the claim.
While the legal notice did mention that Libs of TikTok isn’t “interested in litigating against Twitter” but rather simply wants to engage in their journalistic exploits, the notice emphasized “if Twitter follows through on its threat to permanently suspend our client’s account, LOTT will have no choice but to sue Twitter.”
This piece was written by Gregory Hoyt on September 4, 2022. It originally appeared in RedVoiceMedia.com and is used by permission.
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