(This article was first published on The Intellectual Conservative 10/07/19)
I need a lawyer or a foundation to take up this lawsuit. Let me know who is interested please... This is my proposed lawsuit against Facebook/Google and Social media, to make them abolish their algorithms, and to prohibit any touching of any data for the purpose of managing or manipulating it in any way, and just let the information superhighway completely alone. Be the host of Facebook for the world, and Google for the world, but dont touch any searches or posts or anyone connected to them. All users are to be left completely alone, regardless of what the users publish because Google / Social Media has immunity from lawsuit because of Section 230 of the Communications Decency Act. That section and the immunity should be maintained. Instead, abolish and prohibit all "community standards" or punishments for "fake news" which, in the violation they used against me, the story was in fact completely true. Regardless of how fake, vile, disgusting, violent, conspiratorial or whatever, nothing post on Social Media, or requested on Google, can be touched. Anyone who uses Google, Facebook, or any social media, should be as completely secure in that use as the Constitutional protections in Article IV of the Bill of Rights, the right of all Americans to be secure in their persons, houses, papers, and effects. They should also be secure in their internet. The one exception is minors, particularly child pornography, sex trafficking and the actual operation of any criminal act online.
1. The Lawsuit: The lawsuit would read something like this: A Lawsuit against Facebook/Google/Social Media for a conspiracy to suppress the exercise and enjoyment because of ideology of the right to freedom of speech, a free press, the ability to freely engage in interstate commerce, and free access to all information regarding voting candidates and elections; and including in all cases reading, receiving, sharing, and posting, all available information at the choice of the individual, and not the choice of Google/Facebook or other social media, since they are immune to anything post by any individual.
2. Explanations: "Free Speech" is being violated because Facebook/Google decides what people can read and what they can't. Overwhelming evidence has proven this to be ideologically based and biased against conservatives, constitutionalists, conservative journalists and reporters, Christians, libertarians, independents, white males, and anyone posting anything that Facebook/Google wants to censor. To do this they hide behind excuses like "algorithms," and "community standards" and other bogus criteria, when their real goal is complete manipulation of public opinion through removal of opposing views and allegedly throwing the 2020 election to the Democrats.
"A Free Press" is being violated, because the "press" today, the device to publicly disseminate information akin to the "printing press" of old, is the internet. Therefore, any restriction on any information intended to be sent, or intended to be received, over the internet, is a violation of a free press. The "Ability to Freely Engage in Interstate Commerce" is violated whenever anyone uses Facebook/Google for any purpose in furtherance of a business, and that business or any information sought or distributed from that business, is censored or restricted by Facebook/Google in methods described above. In my own personal case Facebook says I posted "fake news" that the sun does not drive climate change, as reported that it does by the director of the Astrophysics Department of Technion University in Israel, saying in my "fact check" it's actually CO2 driving the climate, which is absolute nonsense. And for that violation" my page, Action Radio with Greg Penglis, and my 12 special groups, are restricted to less than 1 of their former number of views and engagements. This for a media business driven by listener numbers is a direct theft of my income, and destruction of my business, to which I would seek personal damages, on top of the change in their operating procedure remedy, described above.
Facebook openly claims to remove the ability of any page to monetize or make money, if they want, if you get a "violation" for any story they don't like. Which means they control who succeeds on social media, and who does not. Voter Suppression also occurs whenever free speech or a free press (internet) are restricted, censored, changed, manipulated, or anything else, and happens whenever any information is labeled "fake news," or classified as against "community standards," or anything else because of their algorithms." Project Veritas has already documented the strong desire and intention to throw the next election against the President and in favor of the Democrat. That in itself is illegal, but in this case it is the suppression of information critical to make decisions that is the Constitutional violation here, and possibly a Voting Rights Act violation. You can't have a free and fair election if all conservative dialog is removed, manipulated, suppressed, buried, or otherwise managed or manipulated. See my previous article on Media Vote Fraud here in The Intellectual Conservative, and in Canada Free Press, for more details.
3. Jurisdiction: I know the Constitution is a prohibition on government from touching the right to free speech, a free press, for regulating interstate commerce, and open voter information so I'm not suing using only the Constitution or other laws mentioned. Rather, we use the Federal Civil Rights Laws, because they only need a conspiracy of two or more persons to suppress any rights, to be brought into play. Here are the relevant edited laws and sections to this case:
18 U.S. Code § 241. Conspiracy against rights: If two or more persons conspire to injure, oppress, threaten, or intimidate any person, in any State Territory, Commonwealth, Possession, or District, in the free exercise or enjoyment, of any right or privilege secured to him by the Constitution, or laws of the United States, or because of his having so exercised the same; They shall be fined under this title or imprisoned not more than ten years or both; (Social media and Google constitute a huge conspiracy to deny the "free exercise or enjoyment," key words, of our rights. Using the Civil Rights Act takes the case away from a strictly constitutional rights case, and makes it a conspiracy to deny rights, by a conspiracy other than government.)
18 U.S. Code § 242. Deprivation of rights under color of law: Whoever under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State Territory, Commonwealth, Possession, or District, to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of the United States, shall be fined under this title or imprisoned not more than one year or both; (This law would be handy for any government protection of Facebook / Google and obstruction of this lawsuit.)
42 U.S. Code § 2000a. Prohibition against discrimination or segregation in places of public accommodation. (a) Equal access: All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations, of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. (Equal enjoyment of Google/Facebook goods and services is being denied conservatives through discrimination and segregation of public accommodation of the public information highway.) (b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment (social media); other covered establishments. Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter, if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (3) any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition, or entertainment; and... (This is probably the most important and direct law.)
Although Goode/Facebook started out as private companies, they have now crossed the line into a public accommodation, which affects interstate commerce. I call them the "public information highway." It is just as public as interstate highways, and just as much a public accommodation as a restaurant on a highway, or as I say, "conservatives can not be segregated from the social media lunch counter." One can not function in the information age if one can not travel freely on the public information highway, and others can not freely travel to you. Of particular interest is part (3) which talks about exhibitions and entertainment. This is where Google/Facebook/Social Media could easily be interpreted to fit in as they appear on your computer screen, or internet TV, as exhibition or entertainment. Better still that this part (3) should be amended to specifically include Google/Facebook/Social Media.)
42 U.S. Code § 1983. Civil action for deprivation of rights: Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, or the District of Columbia, subjects or causes to be subjected, any citizen of the United States, or other person within the jurisdiction thereof, to the deprivation of any rights, privileges or immunities, secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. (This is the law that allows us to sue the pants off Google/Facebook/Social Media for damages and restitution.)
Rationale: There are those who simply want to regulate Big Tech" with another set of laws, another bureaucracy, millions of wasted dollars, and more ways for industry to co-opt those who are supposed to regulate them. Getting rid of Section 230 is the worst idea. Keep it and prohibit Big Tech from infringing or touching in any way, anything post from their users.
I believe the correct solution lies not in creating new regulation, but using the current Civil Rights Laws in coordination with the Constitution, to simply require that Facebook/Google cease and desist from any use of algorithms, or data management of any kind of the search engine, social media, public information highway they have created. And that individuals like me can sue for damages and restitution for a conspiracy to deprive us of our constitutional, commercial, and civil rights. Legislation: Concurrent with this lawsuit will be a bill from Action Radio written on www.WriteYourLaws.com to add "Ideology" as another protected group under the Civil Rights Act. This will greatly facilitate in the short term conservatives using the Civil Rights Act against any discrimination at school or college, on the job, interacting with law enforcement like Red Flag Laws, or in any interaction with Facebook/Google/Social Media.
That bill will be explained another time. But the essence of the bill is this: In every instance where the enumerated list of protected qualities occurs in the USC Title 42, or any other place in the US Code of laws, the list will be amended to include "ideology" as a protected civil right.
Conclusion: Given this lawsuit as I have described it, is there a lawyer or legal foundation out there willing to take my case? I'm sure once this lawsuit is filed and made public an amazing amount of people will want to join the lawsuit. This lawsuit is already public information as it is all material I've covered on several of my Action Radio shows. I believe we would get a ton of help on the regular talk shows across the country for this novel approach to the growing crisis of ideological discrimination, and popular opinion manipulation by Big Tech." This lawsuit is what Action Radio is all about. Okay who is in?
Greg Penglis is the Action Radio host at https://www.blogtalkradio.com/citizenaction - 7-9 AM Central time weekdays. He is turning talk radio" into Action Radio" by creating a citizen legislature" out of the radio/internet audience. See the website: https://writeyourlaws.com. He also authored The Complete Guide to Flight Instruction" a blunt critique of our flight training system and how best to get through it available on Amazon.com.
