“Facebook Freedom of Speech Lawsuit – Explained!”

“Free speech stands no differently
than freedom from vaccination.”
Oliver Wendell Holmes, Jr.
U.S. Supreme Court Justice

Yes, free speech is no different than freedom from vaccination.  We have the right to live vaccine free and we have the right to live censorship free.  Our lawsuit challenges corporate censorship of what should be lawfully protected speech activities.  In this article, we examine the case of Scarborough vs. Facebook, [L.A. County, BC 714084].  Buckle-up!  It’s gonna be a bumpy ride!

Note: there is a media blackout on this lawsuit.  Why?–because the pharmaceutical industrial complex opposes free speech — and they outspend everybody with commercials and advertisements — so they control the media.  Pharma now employs hundreds of online trolls to spread misinformation and disinformation about our free speech lawsuit, which tends to show that our lawsuit has merit.

Generally speaking, corporations oppose free speech.  And this is because corporations view free speech as “un-controlled,” which they hate.  Corporations instead prefer “controlled” speech — from paid actors parroting rehearsed scripts.  Our lawsuit will (hopefully) set the legal boundaries for speech that corporations may lawfully control — and uphold free speech rights that lay beyond corporate control.

No one can deny that Facebook has become the proverbial town square.  And all Americans have the fundamental right to visit that town square, stand-up on a soapbox, and deposit into the forum of public opinion their various comments and criticisms.  Facebook has no right to decide who shall speak and who shall be censored.

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F R E Q U E N T L Y   M A D E   C O M M E N T S

“B-b-but the First Amendment applies to the government!”
Yes, the First Amendment applies to the government, but our lawsuit does not rely on the First Amendment!  It instead relies on the California Constitution, which gives greater free speech rights than does the First Amendment!  The California Constitution allows all persons to “freely speak, write and publish his or her sentiments on all subjects,” [Calif. Const. Art. 1, Sec. 2].  While the First Amendment restrains the government, the California Constitution empowers the people — to freely speak and publish their sentiments on all subjects!

“B-b-but Facebook is a private company!”
Yes, Facebook is a private company — with private owners — and private profits — but nevertheless, their internet website is a “place of public accommodations.”  Facebook opens its doors to the general public, and therefore, they must abide by public law.

“B-b-but she agreed to Facebook terms and conditions!”
No, Scarborough never gave “consent,” and therefore, she is not legally bound.  No binding agreement exists unless both parties consent, [Civil Code Sec. 1550].  To form a binding agreement, all parties must agree upon the same thing, [Civil Code Sec. 1580].  But here, the parties agreed on nothing, which means no contract exists, which means Scarborough cannot be held to Facebook terms ‘n conditions.

B-b-but she knowingly uses Facebook services!”
Note: Facebook is free — users pay no money to use Facebook — which means there is no paid “consideration” to justify the existence of a contract in the first place.  Remember, on Facebook, you are not the customer — rather, you’re the thing being sold!  #TruthHits

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I N T E R N E T   L A W

Arguably, Federal law allows ISPs, (internet service providers), like Facebook, YouTube and Twitter, to remove from their websites certain types of objectionable content, (e.g., obscene, lewd, lascivious, filthy, excessively violent, or harassing).  However, in order to lawfully remove such content, ISPs must act in “good faith,” [47 U.S.C. § 230].

Scarborough argues that — in removing what it believes is objectionable content — Facebook demonstrates a shortcoming of “good faith.”  And here’s why:

  1. Facebook uses robots — instead of humans — to determine which posts will be censored, and this shows “bad faith” because robots cannot understand subtle free speech issues.
  2. Facebook robots communicate only with boilerplate responses, i.e., they never provide specific responses to specific questions, and this shows “bad faith” because Facebook consumers have no way to meaningfully communicate with Facebook robots concerning disputed posts.
  3. Apparently, Facebook deletes posts based on the number of complaints received — and if this is true — then it shows “bad faith” because Facebook reduces free speech to a popularity contest.
  4. When Facebook deletes posts, Facebook never explains how or why a given post violates community standards.
  5. When Facebook deletes posts, Facebook never identifies the specific community standard that was supposedly violated — instead, Facebook states only that community standards, on the whole, were violated.

    facebook remove chris EDIT

  6. In many instances, when Facebook deletes posts, Facebook never identifies the offending post, (and the Facebook user never learns the identity of the mystery post that landed him or her in Facebook Jail!).
  7. Facebook community standards are unenforceable because they are “vague and ambiguous,” i.e., nobody really knows what they mean, (vague), and they may mean more than one thing, (ambiguous).
  8. What do terms like bullying and harassment really mean?  When does criticism become hate speech?  And what’s the difference between satire and fake news?  Facebook acts in “bad faith” by deleting posts that require subtle interpretation of subtle free speech issues.
  9. Could it be that Facebook is over-anxious to delete posts?  After all, they know it causes users to open second Facebook accounts — which allows Facebook to brag to investors about “new customer” accounts and artificial “growth” rates!  If this is the case, then it shows “bad faith” — and exposes Facebook to punitive damages — because it means that Facebook suppresses free speech — just to make a buck!
  10. Facebook acts in “bad faith” because it punishes users with “Facebook Jail,” for which there is no legal justification.  When it comes to speech-related activities, Facebook refuses to accept that community standards must take a backseat to well-established constitutional principles!

zuck washington

F A C E B O O K   J A I L

To recap, federal law arguably allows ISPs to remove objectionable content, but only where ISPs act in “good faith.”  Fine.  However, (and this is a huge “however”), no federal law allows ISPs, after removing objectionable content, to punish its own users with a 30-day timeout!  Congress never contemplated something so outrageous!  Simply put, no law allows Facebook to punish its own users — by suspending their ability to post — with a 30-day sentence in “Facebook Jail.”

Facebook attempts to sanitize the debate to suit the palates of its most squeamish users, however, as it turns out, the most squeamish users are too often paid to be squeamish!  Nowadays, corporations hire armies of trolls to be on Facebook — to shape the content of public debate — by complaining about competitors’ posts — with the hope that Facebook will punish the competitors with “Facebook Jail” — thus silencing the competition.

The purpose of our lawsuit is to prevent corporatized troll armies from trying to control public debate.  Free speech must be governed by constitutional principles, not by mob rule.  Know your human right.  Be what you come here for.

~~T. Matthew Phillips, Esq.

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Produced and Directed by TMP’s Midnight Minions
in association with Chapter Eleven Productions,
Fly-By-Night Management Services, and
Neurotica Entertainment Group

Copyright 2018

“Freedom means nothing
if you can’t keep the government out of your body.”
T. Matthew Phillips, Esq.


24 thoughts on ““Facebook Freedom of Speech Lawsuit – Explained!”

Add yours

  1. I think this is Great ! It’s about time someone is going after FB for taking away our Freedom of Speech . I don’t even get notified when I post something they find offensive, FB just deletes it and I end up with a post that says my comments and there’s nothing under it so I have no idea what was offensive / unacceptable. Plus the have deleted alot from my memory section , especially if it was something good about President Trump.


  2. We, the USA, are in a boiling pot. The mixture of Americans vs Lib/Socialist/Demo/Snowflakes is getting ready yo explode. When it does make SURE you know which side your on.


  3. I’m in facebook jail for posting
    By removing the white trash in the white house.
    Political speach and according to the same bar the president set.

    I’m all so tired of my videos being hit for copy right issues. The car show plays music I have no control over or the car radio during a video of traffic I am so sick of them muting my video because of background music. Copy right is good when your abusing it but when you have no control over it they should not be blocking it and destroying my video.

    I bought a album from a yard sale I did a video on it being warped to show people not to put them in the sun. Not one word of my video can be heard.

    This is getting ridiculous by these companies.


  4. In FB jail for expressing my opinion that “Brits are assholes” apparently we’re not allowed to call ppl assholes anymore. As this speech does not pose a clear threat to a person or public interest, FB has violated my First Amendment rights. Incidentally, this opinion is based on actually living in the UK and having been emotionally abused by a Brit. Can we get a class action going?


  5. Oct 3rd 2020 my account (5800+ friends & fellow Patriots) and my business profile was permanently disabled because I’m a Constitutionalist and III%er


  6. I am a photographer & artist, painting on commissions. Facebook puts the gray box over my posts if they are in favor of Trump and the gray box says it goes against their standards due to nudity, violence, etc I never post violence or nudity and this can turn away future clients for me. We need a huge class action suit against Fb for their censorship. I also don’t post fictional posts, they are true.


  7. Fascist Book has blocked my personal page for violating Community Standards for “Misinformation about Vaccines” stating it makes some people feel unsafe! They have also taken all my Business & Community pages and required me to upload my Drivers License but still have not reinstated any of them.


  8. This lawsuit should still be applied today. To censor especially in a pandemic bc it hurt some feelins as truth often does, Should be covered under cruel and unusual. 7 days or more? Yeah… I do not agree to the terms but, forced to use the data mine app as have no other way to communicate with relatives. They tell us to stand up against racism and when we do, we are censored under what they call “to bully or harassment”. Make’s no sense.


  9. I got a 30 day bane because someone was literally stalking someone else’s Facebook and being rude and harassing people and all I said. “you literally had to go one someone else’s profile to look up who they where married to because your weird”. I caught a 30 day ban for calling someone weird. I’m sure they were probably a hate bot because I reported them after the face because, you know… If I’m bullying then that would be harassment. To no avail though. I can’t wait until Facebook is gone and another player in the game get’s their come up.


  10. I am almost done with a 30 day jail sentence because I said something about Zuckerberg’s friends, the Russians and the Chinese. I’m a Viet Nam veteran and a 22 year military retiree. I’m also 76 years old and know a hell of a lot more about communism than these young college grads. It makes my skin boil whenever these know-nothings without any real world experience get the chance me of something they have little to no knowledge of!


  11. I got banned for using the surfer slang “Wicked” with the word “Christians”, got banned for saying (using humor) “I’ll have to kidnap my husbands computer and check it out” (talking about Diablo online. One of my family members was talking about car transmission and said tranny got banned, another was talking about spider infestation and said “nooope lol I’d have to burn my house down” got banned. Random memes that other people post and they are all good then I share instantly get me harassed by Facebook. You can’t even stand up to people that insult or bully you without being the one in trouble because reporting them does nothing. The first time I got reported (think Facebook was calling me a sex worker) I don’t post selfie’s of myself at all all I do is post memes. After that I swear I’m on a naughty list because I’m constantly being harassed by the system. Fighting it does nothing you still get the bad marks from it as well…


  12. I was watching the Kyle Rittenhouse trial and the prosecution making their closing arguments about if it was about self defense or not along with 26.3k viewers who were also talking about it in chat about Rosenbaum. It clearly shows he shot him in self defense in my own opinion and commented. If I was being chased where they were trying to do bodily harm on me I would of shot their ass also. So this comment became a violation of FB standards talking about the case and what I would of done if it was me ?


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