At Above the Law, Mark Hermann suggests that Donald Trump’s class action lawsuit against the “social” media sites which have banned and otherwise restricted him may not pass the test to be a class action.
I assume that most readers of Above the Law know that cases can proceed as class actions only where the members of the class are sufficiently numerous, legal issues are common to the class, the class representative’s claims are typical of the claims of others in the class, and the putative class representative is an adequate representative of the class.
First, I bet it’s terribly hard to prove that Trump’s claims are “typical” of other members of the putative class. Facebook and Twitter probably throw people off their platforms for a multitude of different reasons, and those reasons almost surely vary from person to person. Trump was suspended, I assume, because he fomented insurrection (or some such thing).