Facts

Adrian Rangel, an Illinois resident, had a Twitter account with the username "religioususerpico." On October 24, 2019, Rangel filed suit in the Northern District of Illinois, arguing that Twitter violated his constitutional rights. The district court dismissed Rangel's initial complaint for failure to allege a state action. When Twitter requested to transfer the case to USDC Northern, it was approved and Twitter then moved to dismiss Rangel's complaint.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that on September 7, 2019, he shared a tweet that stated, "HANG THEM ALL" as a response to another unspecified Tweet. His account was suspended and he brought an action against Twitter for breach of contract, unlawful interference with interstate commerce, wire fraud, shareholder fraud/public fraud and violation of California's Uniform Electronic Transaction Act.

DEFENDANT'S CONTENTIONS: Defendant contended that in establishing his account, plaintiff agreed to its Terms of Services and Policies which included policies on "abusive behavior," "hateful conduct," and "violent threats." This policy was in effect at the time plaintiff tweeted the message. Twitter's Terms of Service also provided that it may suspend or terminate accounts at any time for any reason, including if it believed that its terms and/or policies had been violated. Moreover, the policy on abusive behavior also noted that attempts to harass, intimidate or silence others would not be tolerated nor would content that expressed wishes, hopes or desire for death or serious bodily harm be allowed. Other specific, similar terms and policies prohibited plaintiff's statement. Specifically, defendant argued, among others, that it was immune under the Communications Decency Act and plaintiff's contract claim failed to allege actual harm because of defendant's actions.

Result

Defendant's motion to dismiss was granted with prejudice.