Big Tech Discrimination Case Forewarns Threat to Online Church
Advocates for Faith & Freedom, through the support of Tyler & Bursch, LLP, filed an appellate brief (legal appeal) last week in our law suit against Vimeo on behalf of Pastor Jim Domen and Church United, a religious non-profit organization dedicated to helping pastors and churches respond to cultural issues in their communities. You can read the full Brief here.
This case is one of the most important cases in American courts today because the outcome of this case will determine whether websites have blanket immunity to discriminate against customers, including outright banning customers from their website based on race, sexual orientation, religion and other protected classes. Under the District Court’s ruling, discrimination that is unconscionable in any other business or consumer context, is allowed if it is committed by an interactive computer service.
The government's "free ticket" for websites to discriminate, and we've all seen it or experienced it, is erroneously based on the Communications Decency Act, 47 U.S.C. § 230 (“CDA”), specifically Section 230(c)(1). In 1996, Congress created this immunity to ensure that providers of an interactive computer service would not be treated as publishers of third-party content and therefore liable for the content of others. However, Vimeo and other internet giants are applying the CDA to shield themselves from liability for banning protected classes of customers based on discriminatory intent. This goes far beyond both the plain language of the CDA and the legislative purpose.
You may remember, this case arose out of the termination of Domen and Church United's account on Vimeo's video-sharing website, which account displayed (among other cultural topics) videos of Domen, discussing his sexual orientation and religion.
On December 6, 2018, Vimeo sent an email to Church United advising that Church United and Domen’s account had been removed by the Vimeo staff for violating Vimeo’s “Guidelines.” Not only were five of their 89 videos banned, but Church United and Domen were banned from re-registering with Vimeo in the future. Vimeo’s email states as the reason for removal: “Vimeo does not allow videos that harass, incite hatred, or include discriminatory or defamatory speech.”
None of Church United and Domen’s 89 videos, harass, incite hatred, or include discriminatory or defamatory speech. The five videos flagged by Vimeo as problematic centered on Domen’s sexual orientation as a former homosexual and his religion. All five videos are linked below, so you can see for yourself:
“COVID-19 forced churches, synagogues and mosques online and the courts have given internet platforms license to shutdown religious organizations through the Communications Decency Act. The CDA gives these unconscionable rights to discriminate whether it’s because a church is predominately black, Baptist or conservative in their preaching. I am not aware of any other time in American history when churches were allowed to be censored in society,” said Attorney Robert Tyler, Partner at Tyler & Bursch, LLP and President of Advocates for Faith & Freedom.
We are thrilled that the current Administration is weighing in on this critical issue with an Executive Order on Prevention of Online Censorship. From the Order: “In a country that has long cherished the freedom of expression, we cannot allow a limited number of online platforms to hand pick the speech that Americans may access and convey on the internet. This practice is fundamentally un-American and anti-democratic. When large, powerful social media companies censor opinions with which they disagree, they exercise a dangerous power. They cease functioning as passive bulletin boards, and ought to be viewed and treated as content creators.”
Advocates attorneys are confident we will meet the necessary burden of proof that Vimeo denied Church United and Jim Domen equal accommodations, advantages, privileges, and services because of Domen’s sexual orientation and religion and we will see the District Court judgment granting Vimeo the right to deny access to individuals based on their sexual orientation and religion reversed.
But, this case is likely to be long and and the legal costs are expected to exceed tens of thousands of dollars. We need your help to ensure an outcome that will protect, not only the future rights of Church United, but all churches and ministries who use the internet and social media to express their religious views every day.
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?