Nunes Twitter lawsuit faces tough odds

Rep. Devin Nunes (R-Calif.) faces an uphill battle in his $250 million lawsuit against Twitter and three of its users, legal experts say.

The lawsuit from the top Republican on the House Intelligence Committee and a staunch ally of President Trump, marks the first major legal action by a member of Congress over alleged anti-conservative bias by tech companies.

But Nunes’ claims that Twitter is censoring conservatives and allowing users to defame him, will need to overcome a number of tough legal obstacles to see success, including the First Amendment, robust legal protections for internet companies, and court rulings that have made it harder for public figures to claim defamation.

Lawyers who spoke to The Hill predicted the Virginia state court where the case was filed Monday will likely dismiss the lawsuit, describing the case as “frivolous” and even “offensive” to the legal process.

Nunes is suing two parody Twitter accounts, “Devin Nunes’ Mom” and “Devin Nunes’ Cow,” and Republican communications consultant Liz Mair for allegedly defaming him on Twitter.

He says Twitter itself should shoulder some of the responsibility, accusing the social media company of facilitating and encouraging the defamation as part of a larger conspiracy to interfere in his 2018 reelection campaign, according to the lawsuit.

Legal experts, though, say one of the lawsuit’s most formidable challenges will stem from the difficulties in claiming defamation against a public figure, as well as Section 230 of the Communications Decency Act.