The fact-checking process that led to Facebook halting ads from conservative commentator Candace Owens represents a contractual issue, not one of free speech, Owens’ attorney argued to the Delaware Supreme Court Wednesday.

Todd McMurtry from Hemmer DeFrank Wessels said USA Today and Lead Stories Inc. have the right to fact check information posted by Owens, as they did in the spring of 2020, but that the First Amendment isn’t a defense to the tort claims brought by Owens and dismissed in Superior Court because the companies (Owens’ competitors) were motivated by wanting to hurt Owens’ business.

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