MASHABLE.COM: Charles C. Johnson Sues Twitter for Banning Him in 2015

Of course, that's a hard argument to make given that Twitter is also protected by the first amendment and as an internet publisher can choose to terminate accounts. Twitter is protected by Section 230 of the Communications Decency Act.  

Johnson seems aware of the potential hole in his lawsuit, which he filed in California Superior Court in San Francisco with attorney Robert E. Barnes. 

“You can lose a lawsuit and still win the argument,” Johnson told BuzzFeed on Monday.

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Robert Barnes