Being an avid Fb user for years, I have seen a lot on the site which brings me to my problem. I was recently placed " FB Jail" for a comment I made about black voters always complaining about the representation we have in Inglewood. They claimed it was hate speech, but how can I do hate speech on myself? So my question is, is there any possible legal recourse for harassment of myself and other Black/ African/ Americans against Fb and their "fluid" community standards? I have been called the hard N word on the site and they said it didn't violate their C.S.
Facebook seems like a "public" place but it isn't. It is a private site that can and does set its own rules. You have no right to be on Facebook. "How can I do hate speech on myself" is an interesting philosophical question, but not a legal one. Go to the Facebook Terms and conditions:
"We [Facebook] cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Facebook Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Facebook Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months."
Plus - "For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Facebook Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim"
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts...
You’re in the fallout of the idiocy of the “woke” culture and its necessarily vague and contradictory standards. But because Facebook is not something you’re entitled to, it is unlikely you can do anything about it. The discrimination is not one of the few types a person or business is legally unable to engage in.
Please DO NOT message or phone me with further questions or comments as the discussions would be outside this forum and would not be visible to the public (the only exception to this being for serious prospective clients). If you have additional follow up questions or additional facts to add, re-draft them into a new question and repost it. My responses on this website DO NOT constitute a consultation, nor do they establish an attorney-client relationship. Only a written retention agreement signed by client and myself will establish an attorney-client relationship.
Nope. Not possible.
PLEASE DO NOT PRIVATE MESSAGE ME with followup questions. Instead, you may make a comment below, which will be sent to me automatically. If you need an attorney to assist you, please search in your local area, or click the "Find a Lawyer" link at the top of the page. I am active on AVVO and answer questions only as a public service. I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author and do not necessarily represent the opinions of those who hold other opinions.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline