So you’re saying there’s a chance?
Hey Twitter, check your email: requests for discovery and depositions coming in three, two, one…
That went well.
Until Judge William Alsup actually rules, we won’t know if Berenson v Twitter has survived the motion to dismiss.
But it’s fair to say today’s hearing did not go as Twitter’s high-priced counsel expected. Especially the first 15 minutes, when Alsup repeatedly berated Twitter for its claim that settled law meant he had to dismiss the case.
Alsup had clearly read the lawsuit closely, and he pointed out over and over that Twitter had not explained how I had violated its “five-strike” policies. He also pushed back on Twitter’s claim that Pruneyard - the California decision that some free speech protection extends to large private property - doesn’t apply. He even suggested that discovery and depositions may be in order to understand the extent of Twitter’s collusion with the federal government in banning me.
Yes, he said that.
For a few minutes, I actually he thought he might reject Twitter’s motion from the bench. He didn’t, but he set a complete case calendar. (I’ll be honest: if he rejects the suit now, it’ll hurt more than it would have before today.)
Which means that as we wait for Judge Alsup to rule, we are going to be asking the lil bird - soon, as in by the end of the week! - for discovery and depositions about its conversations with the White House in July 2021 (and lots of other stuff too).
Can’t wait to see what turns up.