First things first: JUDGE WILLIAM ALSUP HAS NOT YET RULED IN BERENSON V TWITTER.
I want to be clear on this - the lawsuit still has not survived the motion to dismiss. Judge Alsup could still toss our claim. Until he decides, he hasn’t decided.
But on Thursday, the judge set a trial date - May 8, 2023. Barely a year away. And if he does allow the suit to move forward, Twitter is likely to do everything it can to slow our progress. It will claim we’re asking for too much information. It will want a protective seal on everything it provides. It may even try to get the appeals court to intercede.
All these tactics are standard big-company moves in litigation. There’s no rule that says that the little bird’s lawyers have to make our job easier.
So we need to get started with discovery NOW. Like today.
And that’s what we’ve done.
We have just sent Twitter a list of questions we would like them to answer, documents we would like them to produce, and admissions of fact we would like them to make. Here’s a sample:
No, I am not afraid to show the questions we’re asking. I think they’re entirely reasonable. I think I have the right to know why Twitter did what it did, why it slapped a global scarlet letter on me and told the world I was too dangerous to be allowed to speak.
So what happens next?
The little bird has 30 days to respond - though it’s fair to say that my lawyers will be very surprised if we get a full set of answers by May 29.
By the way - from this point on (if we survive), the lawsuit will start to get expensive. Researching and writing the initial claim is cheap compared to the costs associated with sorting through the documents Twitter provides and taking depositions, not to mention handling whatever legal challenges Twitter throws our way.
Many of you have said you would like to support the suit.
In the past, I have said I prefer to rely on a few wealthy private individuals, that no one with a mortgage or rent to pay should have to fund a suit that woke legal talking heads like America’s Finest Legal Analyst (TM) said had little chance. (Those folks have had NOTHING to say since yesterday morning.)
But if we survive the motion to dismiss, I think I am going to start accepting smaller donations. I know a lot of you WANT to be part of this fight, you want the chance to make history and stand for free speech and let Twitter know that the way it treats dissenting voices is unacceptable. As long as we have a reasonable chance, I think it’s arrogant for me to reject that help.
And surviving the MTD would mean that we have that chance. If we do, I will set up a way for you to donate.
First things first. First we have to survive the MTD.
In the meantime, if you just can’t wait to help, you can always subscribe to Unreported Truths (and if you have $300 burning a hole in your pocket, you can become a Founding Member a signed first edition of PANDEMIA too!)