Last December, former New York Times journalist Alex Berenson filed a lawsuit against Twitter after he was permanently banned for expressing skepticism about the effectiveness of the Covid-19 vaccine.

He said that the Covid-19 vaccine “doesn’t stop infection.  Or transmission”

Twitter was put on notice after the judge allowed the lawsuit to proceed against the social media giant, refusing to dismiss it.

Twitter ultimately settled with Berenson and reinstated his account, giving way to a significant victory for conservatives and free speech advocates.

The judge also set a potentially far-reaching precedent, saying that Twitter “breached its contract” with Berenson by banning him for speech that the company said was permissible under its guidelines.

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If the precedent holds, it could allow social media companies to be sued for inconsistently or unfairly applying their content guidelines.

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Twitter has recently settled a lawsuit with Alex Berenson and reinstated his account.

After the reinstatement, Berenson posted some details about the suit to Twitter. Berenson said that the federal judge in the case, William Alsup, “offered two justifications” for allowing the “lawsuit to proceed on breach of contract grounds.”

These were emails sent to Berenson by a Twitter executive, who per Berenson’s account in the Wall Street Journal, repeatedly told him that “the company didn’t believe I was violating its rules.”

Then, on August 28, 2021, he was permanently banned for tweeting “It doesn’t stop infection. Or transmission.” The second reason was that Twitter had been “modifying its terms of service when it set up its five-strike Covid misinformation policy.”

Berenson further explained the judges decision, saying that “once the company voluntarily sets guidelines that it says it will follow in disciplining or banning users, IT MUST FOLLOW THOSE – possible even if its underlying terms of service say otherwise…”

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