Big tech companies are going to have to start acting correctly. Lawsuits are underway to ensure that they’re held accountable and abide by the law and allow them to operate unscathed from congressional oversight.
Jason Fyk, an entrepreneur and social media freedom advocate, has a lawsuit filed against the United States of America to challenge the interpretation of Section 230 that relates to how social media and big tech platforms can operate. The lawsuit would change the way social media operates.
Fyk says that the good Samaritan provision under Section 230 gives social media companies the ability to restrict their lives, liberty, or property without due process than to violate Americans’ rights. There can be a lawsuit filed against the United States of America for that provision in Section 230.
There have been plenty of attempts to sue some of the social media companies but have failed. Most of the time, social media will give back access to accounts or allow a post to go through if it’s borderline acceptable in their standards and no actual lawsuit is filed. It’s almost become a way of life and sometimes an accomplishment to get banned on social media companies. Their ability to ban things that are either conspiracy theory that ultimately becomes the truth is unsettling.
Fyk says that he went all the way up to the Supreme Court, and he was denied due process. He says that since social media companies act as an agent of the government, especially Facebook after they teamed up with the federal government to flag misinformation, anyone denied life, liberty, and property without due process can sue the United States of America for the offense.
Fyk is working on a 5th amendment Constitutional claim against the United States of America and isn’t suing big tech anymore. He’s filing his lawsuit out of the southern district of Florida. Fyk also says that the problem is, big tech companies bring people to California to a more favorable court, so they have the advantage.
First, Fyk said, they have to notify the governor, Ron DeSantis, and the Attorney General, Ashley Moody. He said they could stand in opposition to the case if they would like, but he said the case would stay in Florida. Fyk said if they aren’t opposed to the case, then they can become their allies. That would mean that the State of Florida could go after the federal government over Section 230 in the case that Fyk is bringing.
He says that a regulatory commission would have to be formed if and when Section 230 is repealed. It wouldn’t be the collapse of the internet or social media, but it would undoubtedly change the way companies are allowed to operate.