Fresh lawsuit filed by former US president Donald Trump seeking to lift the ban from his Twitter account was tossed out Friday by a federal judge in California.

In his ruling, the judge said that the suit’s argued Twitter had “censored” Trump in violation of free speech rights was weak, since the First Amendment bars government bodies, not private businesses, from interfering with what citizens say.

Also read: What Trump family members say about January 6 insurrection?

“The amended complaint does not plausibly allege a First Amendment claim against Twitter,” US District Court Judge James Donato said in a ruling dismissing the lawsuit.

“The TOS (terms of service) gave Twitter contractual permission to act as it saw fit with respect to any account or content for any or no reason.”

Also read: Ohio, Indiana primaries hint Donald Trump still has kingmaker clout in GOP

Donato left the door open for the suit to be modified and refiled.

The suit names Twitter and its former chief Jack Dorsey as defendants, and sought cash damages as well as an order to have the suspended accounts immediately reinstated.

Two days after the January 6, 2021 incident, Twitter permanently suspended Trump’s account. “Stop the Steal” rally inflamed a mob that later laid siege to the Capitol as lawmakers were certifying President Joe Biden’s victory.

Also read: The Trump justices and what they had said on Roe v.Wade

Trump was booted from Twitter “due to the risk of further incitement of violence” being caused by his tweets, the service said at the time.

The legal defeat comes as billionaire Elon Musk is in the process of buying Twitter and promising to limit content moderation to a legal minimum.

Also read: Donald Trump Jr. meets Jan 6 committee: Report

The deal sets Musk up to  revisit the ban on the brash Republican — a move that could roil US politics as the nation marches towards the November midterm elections as well as a potential Trump re-election bid in 2024.