Have you or has someone you know ever experienced social media bias, discrimination or censorship? Have you ever been told by Google, Facebook, Vimeo or YouTube that your political or Biblical post violates their community guidelines? Has your account ever been suspended “until further notice”?
In last month’s newsletter, with great disappointment, Advocates’ President, Robert Tyler told you that on January 15, 2020, Magistrate Judge Steward D. Aaron of the Southern District Court of New York dismissed our religious discrimination lawsuit against Vimeo.
Unfortunately, Judge Aaron, citing the Communications Decency Act (CDA) adopted by Congress in 1996, gave complete immunity to Vimeo to discriminate against our clients, Pastor Jim Domen and Church United. This verdict also affected every other company, organization or person whose religion, race or sexual orientation Vimeo decides doesn’t live up to their “community guidelines”.
Giving such broad immunity to Big Tech companies allows the kind of discrimination that would be deemed unconscionable discriminatory conduct in any other business or consumer context.
The good news is, just a few weeks after the ruling, Robert Tyler and I met with Pastor Jim Domen and I am happy to inform you that we have decided not to accept what we believe is an obvious misinterpretation of the intent of CDA. On February 18, 2020, we filed our Notice of Appeal.
Advocates attorneys are determined to prove that legally protecting the kind of religious discrimination committed against Pastor Jim Domen – simply because he wanted to share his personal story about the good things that have happened in his life as a Christian after he decided to leave a 5 year homosexual lifestyle – was clearly not the intent of Congress when they enacted CDA. Back in 1996, the breadth of technological advances on the internet could never have been anticipated.
However, some have questioned why the cake baker’s case in Masterpiece Cakeshop v. Colorado Civil Right Commission is any different. In Pastor Jim Domen’s case, we are not asking Vimeo to design a cake or produce a video. Vimeo is like a mini-storage building in California where customers rent space to store their belongings. Vimeo should have no more of a right to tell Church United to find another platform to store their videos than a mini-storage business has a right to tell an Orthodox Jew to find another facility to store his religious materials.
Robert Tyler believes this is a serious problem for the future if neither the courts nor Congress reverse this overly broad interpretation of the CDA, because the world wide web is now the public square of yesterday. This should concern everyone from left to right.
This nationally significant case between a modest California pastor and one of the world’s leading video hosting and sharing companies is without a doubt a David and Goliath battle. The outcome could determine the future fairness of how Big Tech companies across the nation can legally conduct business with conservative Christians with whom they disagree. One thing is for certain: this multi-million-dollar corporation will pull every resource to stop us. Because of that, we are going to need your prayers and support.
Apostle Paul tells us in 1 Corinthians 13 and 26:
“For by one Spirit we were all baptized into one body—…” “And if one member suffers, all the members suffer with it; or if one member is honored, all the members rejoice with it.”
This is the reason Advocates for Faith & Freedom’s experienced team of pro bono religious liberty attorneys are committed to challenging not only this discriminatory statute, but all assaults our God given religious liberties.
In His Service,
Nada Higuera, Esq.
P.S. Multiple, lengthy appellate briefs will be required to be written and with hearings in New York courts, travel will be costly. Will you pray about partnering with us to donate $50, $100, $250 or $1,000? Or consider giving a regular monthly amount to our important legal ministry?