RIGHT NOW: David Shestokas Interview

David Shestokas Portrait Interview

Shestokas Discusses Social Media Censorship

A former Republican prosecutor from Cook County, I.L., Shestokas handled more than 15,000 criminal cases in the Democratic stronghold. In 1990, Shestokas unsuccessfully ran as the Republican nominee for the United States Congress, Illinois Fifth District. One of the hot-button topics in the sphere of politics has been the rampant censorship of voices on the right by the California technocratic class. As seen in this Project Veritas video, shadowbanning and other limitation methods have been utilized by Silicon Valley tech giants to limit and censor conservative and other opposing viewpoints.

Ask Me Anything

Shestokas, who has more than three decades of experience in constitutional law, joined the New Right Network Saturday, June 9th during an Ask Me Anything (AMA) session to discuss conservative censorship. This AMA was part of an ongoing weekend series that delved into rampant censorship of conservatives on social media platforms.

One of the first questions posed to Shestokas was whether or not tech companies who censor conservatives and others are in violation of civil rights. Shestokas cited two recent cases in California, Jared Taylor vs. Twitter Inc. and Prager University vs. Google and Youtube L.L.C., where legal challenges were brought. The Prager University suit against the two tech giants was dismissed in March as U.S. District Judge Lucy Koh ruled there was not enough evidence that age gateway restrictions curbed free speech. Shestokas said that it is still uncertain, at this time, how other cases will be interpreted and concluded.

That [the] pending lawsuit raises a lot of the questions regarding how much a private company can limit something they opened to the public.

The Taylor lawsuit is still ongoing

Shestokas feels conservatives could pursue breach of contract lawsuits against tech companies who limit speech. He feels a breach of contract claim by a censored conservative may provide a stronger legal argument since these companies benefit from advertising revenue.

“They all benefit from the people's participation,” Shestokas said.

There is an obligation of goodwill and fair dealing... when you invite people to participate, you are making an implied contract that, in fact, you allow them to participate.

The Consequences Of Censorship

This may pose significant legal and monetary ramifications for tech companies that censor, limit or suspend conservatives on their platforms for no apparent reason.

“Unless they can affirmatively demonstrate that you violated terms of service, you could file a lawsuit for breach of contract,” Shestokas said.

He added that there could be a slew of lawsuits levied against tech giants by individuals who feel they are in breach of contract. He estimates, for example, each follower on Twitter is worth three dollars to an individual. A prominent conservative supporter on Twitter with tens of thousands of followers could bring about a suit in the six figures.

Choose Your Words Wisely

Another issue that was discussed involved the court ruling last month that said President Donald Trump could not block Twitter followers from interacting and viewing his timeline. Shestokas said that in the case of President Trump, Twitter is viewed as a public forum, and as a government action element. This instance makes it improper for the President to block people since he uses his Twitter account for governmental activities.

As for how this ruling relates to a common conservative, Shestokas added that the ruling was worded in a way that related to official governmental activities.

“That judge actually carefully limited her opinion to a situation where you could not order (you or me) not to block people from following us on Twitter,” he said.

Shestokas went on to speak about the provision in the First Amendment that states no elected representative should have a greater right of speech than a member of the public. This allows every citizen the right to be involved in political discourse without the interference of the government.

For those interested in learning more about Shestokas, please visit his website.

Jake Highwell / Writer

I am a political pundit and equal justice advocate with two decades of journalistic experience. Currently residing in the Democratic stronghold of Chicago and a recovering Obama voter, I strive to bring insight and commentary to the MAGA Nation.
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  1. Fantastic article Jake. This was the one AMA I missed and wanted hear. Thank you for capturing the highlights.

  2. Thanks for getting the highlights and the artwork. I enjoyed my time on the network and the AMA. For those interested check out my books on Amazon, Creating the Declaration of Independence https://amzn.to/2MqH2zS and Constitutional Sound Bites https://amzn.to/2JVKEvt




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