It is well-known that Facebook, Twitter, YouTube, and other social media platforms are silencing political and religious speech, and any content they simply do not like. In fact, you may even have personal experiences of your own posts being censored.

Take, for example, Kim Bengard, an Advocates supporter, who explained her frustration:

“Almost all my Facebook posts questioning political and cultural issues including COVID-19 are flagged as false, shadow banned or deleted from my page altogether. Hardly a day goes by that I am not restricted for some violation and I have been notified that my account viewership has been limited.  Attempts to appeal and resolve these “failed to post” issues have resulted in a dead end.”

In addition to monitoring situations like Kim’s, Advocates has been actively fighting for over two years against this censorship through a civil lawsuit against Vimeo, a video sharing platform like YouTube. In our case, Domen v. Vimeo, we filed a lawsuit in 2018 after Vimeo deleted Pastor Jim Domen’s entire account of 89 videos because it took issue with Domen’s Christian viewpoint on sexual orientation and his testimony of leaving his homosexual lifestyle. 

After a year and a half of litigating the case, New York district court ruled in favor of Vimeo based on the immunity provisions of the Communications Decency Act (CDA). The court found that big tech has free reign to discriminate against whomever they please, for whatever reason they want, even if the discrimination is intentional.  

The root of the problem is that in 1996, Congress granted immunity from civil lawsuits to these tech companies through the CDA.

This civil immunity was intended to promote Internet innovation, and to give those companies an incentive to screen out harmful content like obscenity while also giving them a free hand to leave on their sites information and opinions that might be controversial, without worrying about civil liability. But, as we have seen recently, the Communications Decency Act has created more problems than solutions. It has intentionally given big tech the ability to discriminate and censor based on religion, sexual orientation, and political beliefs.

Our case is now on appeal in New York’s Second Circuit, and oral arguments are scheduled for December 7, 2020. We know this law needs to change, and we are doing our part to end legal religious discrimination on social media.

Social media is a part of our everyday lives—we use it not just for keeping up with our friends and family, but for keeping up with current events. That is why it is troubling that social media platforms are becoming increasingly hostile towards Judeo-Christian views, without any consequences or accountability.

As we continue litigating this case, and working to provide solutions to uphold free speech without squelching and discriminating against conservative and religious viewpoints, please pray and consider giving today to help AFF defend the freedom of Jim Domen during this important legal battle.

 New and Current Case Updates

Calvary Chapel Godspeak/Pastor Rob McCoy: On September 28, 2020, the judge in the County of Ventura upheld the preliminary injunction against Godspeak and McCoy. The church is continuing to meet until the evidentiary hearing. The trial date has not been set.

Calvary Chapel San Jose/Southridge Church: The County’s motion to dismiss the lawsuit we filed against Santa Clara County in June for limiting churches to outdoor services and requiring churches to hand over lists of church service attendees will be heard on November 11, 2020. The County has fined Calvary Chapel San Jose over $220,000.00 for not following COVID-19 orders. We are challenging those excessive fines.

Cross Culture Christian Church/Cornerstone Church: We sued the State and San Juaquin and Fresno counties on discriminatory treatment of churches through COVID-19 restrictions. We are awaiting a decision from the court on the State’s motion to dismiss.

Calvary Chapel Ukiah and Fort Bragg/River of Life Church: Together with ACLJ, we sued the State and Butte and Mendocino counties based on the unconstitutional ban of singing worship in church.  Our hearing on the preliminary injunction we filed is on October 16, 2020.

Public and Private Schools:  We sued the State in the California Supreme Court to reopen public and private schools, but the state’s High Court declined to hear our case. We are now working on filing lawsuits in superior courts.  We also continue to defend private schools who are being sued by the government for holding in-person instruction.

Parents of LAUSD Students:  On October 20, 2020, we will file a lawsuit on behalf of parents against Los Angeles Unified School District and others for refusing to open public schools for in-person instruction. We are representing parents and children in the district who are fighting for equality of education.

P.S. If you are able, will you consider donating to our legal ministry to help us cover the costs associated with advising, protecting and defending these California churches and their pastors who have committed, with or without the government’s permission, to get back to ministering in person to their church families?

We are your voice in the courts!