On "Fox & Friends" Tuesday morning, Judge Andrew Napolitano reacted to Rep. Devin Nunes suing Twitter for allegedly “shadow-banning conservatives,” saying that even if that censorship took place, "it's not illegal."

Nunes (R-Calif.) filed a major lawsuit seeking $250 million in compensatory damages and $350,000 in punitive damages against Twitter and a handful of its users on Monday, accusing the social media site of systematically censoring conservative viewpoints, and totally "ignoring" lawful complaints of repeated abusive behavior.

Nunes appeared on "Hannity" to explain his lawsuit and demand that Twitter "come clean" and reveal their algorithms.



Napolitano, Fox News' senior judicial analyst, described Nunes' court filing as "novel litigation."

"Usually when public officials sue because of what somebody said or didn't say about them, they lose. The theory being, they have as big a megaphone as the person they claim has harmed them," Napolitano explained.

He added that the First Amendment only regulates the government, not a private entity like Twitter.

Napolitano suggested that Nunes may be using the lawsuit to make a statement, which he cautioned could backfire, as "sometimes courts don't like to be used to make political statements."

Host Brian Kilmeade noted that Nunes claims that Twitter has restricted his free speech and he's being suppressed.

"That’s horrible. And if it happened to me I'd be furious," Napolitano said. "But it's not illegal. They're not the government."

Watch the "Fox & Friends" segment above, and get more must-see legal insight from Judge Napolitano on his Fox Nation program "Liberty File."


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