FOR IMMEDIATE RELEASE
July 15, 2021
Jarome Bell Announces Lawsuit Against Facebook for Anti-Christian Censorship, Breach of Contract, and Electioneering
Virginia Beach, VA — Republican candidate for Congress from Virginia’s Second Congressional District, Chief Petty Officer Jarome Bell (U.S. Navy – Ret.) sued Facebook on Tuesday for anti-Christian censorship, breach of contract, and interfering in a federal election.
The lawsuit can be read HERE.
“As our nation looks forward to preserving America’s place as a beacon for freedom and the standard of societal good for all of western civilization, we must look back to fix November 3, 2020,” Bell opened.
“Toward that end, the unprecedented election interference by Big Tech Giants in 2020, such as banning the New York Post’s reporting on Hunter Biden, likely tipped the 2020 presidential election,” Bell explained.
“The left knows that the truth helps conservatives, so giant social media companies are blatantly censoring the truth,” Bell stated. “Worse, social media has actually interfered in federal and local elections,” Chief Bell said. “Our would-be tech overlords need to step aside and stop meddling in the lives of Americans, up to and including interfering in affairs of state — or We The People will be forced to move them aside through the legislation process.”
“When these social media giants first launched, they actually called themselves ‘social utilities,'” Bell explained, “but in the last five or so years, they figured out that moniker might earn them some much needed regulation and trust busting. Now these tyrants want to keep the internet under lock and key so as to prevent the rise of Donald Trump’s America First populism — and I’m here to stop it.”
As part of his campaign for Congress and informing the voters of his positions, Chief Bell posted a historical quote from Heinrich Himmler warning that the Nazis came to power in part by banning private ownership of guns.
Facebook censored this Second Amendment post and banned Chief Bell for 3 days.
Facebook holds that Chief Bell’s campaign account remains under threat of being unpublished.
Chief Bell as a candidate also asked questions about the proper government response to the COVID-19 pandemic. Facebook “covered” that post.
“I one hundred percent support the lawsuits by former President Donald Trump and others to stop the alarming increase in censorship of conservatives. With this suit, we’re aiming to attack the problem from a different angle: “When we landed in Normandy on D-Day, the Allies landed on five different beaches. I hope President Trump’s lawsuit succeeds. I’ve got his back. My team is going to come at it from a bit of a different angles. Our nation depends upon defending free speech by any means we can.”
Unlike other such suits, Bell’s lawsuit in the U.S. District Court for the Eastern District of Virginia, Newport News Division, alleges that the courts have misinterpreted Section 230 of the Communications Decency Act.
Bell’s lawsuit argues that Standard rules of interpretation require that “good faith” must be strictly connected to the rest of the statute, not just anything that Mark Zuckerberg thinks would be good for society.
The phrase “Good faith” is a legal term of art which requires an objective basis in fact. Facebook is only immune from legal liability while removing a post that is “obscene, lewd, lascivious, filthy, excessively violent, harassing” or the like, according to the suit. Facebook has no legal protection for claiming that a post is misinformation or using fact checkers to censor conservative political speech.
Chief Bell explained: “Nothing in Facebook’s contract or Section 230 gives it a roving commission to decide what is true or false, and Facebook’s track record shows that Facebook is not very good at it, either. Section 230 is about fighting obscenity and illegal activity, not advancing leftist policies.”
The lawsuit claims that Facebook has actually entered into a contract with Chief Bell, through its published “terms of service,” which Facebook actually admits. Chief Bell alleges that Facebook has breached that contract. Facebook was the sixth wealthiest company in the world in 2019, such that Facebook has received benefits from members joining sufficient to create a binding contract.
The lawsuit also alleges that even though Facebook is a private company, 42 U.S.C. 1983 allows a cause of action for deprivation of civil rights against non-governmental actions “under the color of” law such as Section 230.
42 U.S.C. 1983 is not limited to government or governmental actors, but also includes actions “under the color of” 47 U.S.C. 230.
By using Section 230 as a shield, Facebook comes under the reach of civil rights legislation 42 U.S.C. 1983.
Bell’s lawsuit also claims violations of the Deceptive Trade Practices Act and the Implied Covenant of Good Faith and Fair Dealing because Facebook promises (contractually) an open forum for members to talk freely to each other, but in fact commits a “bait and switch” in which members’ posts are in fact censored.
Facebook has fraudulently misrepresented its communication services. Bell’s lawsuit shows a few examples of how Facebook will not remove outrageous and intentionally offensive posts against Christians, and employs the rationale that those offensive posts do not violate Facebook’s community standards. Political posts by conservatives are censored, but posts intending to insult conservatives or Christians are left up.
Jarome Bell is a conservative, a Navy veteran, and a high school football coach running for U.S. House in Virginia’s second congressional district. Jarome has been endorsed by Kim Klacik, Michelle Malkin, Freedom Caucus member Paul Gosar and ALIPAC, and has previously been endorsed by Rand Paul. Please send press inquiries to [email protected]