The battle in the United States over internet regulation and how free citizens can use the services on the internet has blazed new ground in technology- and in public policy by directing lawmakers what they can design to control the population.
No doubt ‘Big Tech’ have blazed new trails, and so have social media users, posters, and those who were building business by creating digital media content and distributing it on the internet. And sometimes Big Tech doesn’t like what people post.
“We are in the process of serving the Attorney General of the United States about this- right now,” Fyk said about his new lawsuit over Facebook’s use of Section 230, which decimated Fyk’s business when they took all of his pages down. “I am suing the US to say that their law to take down content is unconstitutional.”
That law that Big Tech hides behind is called Section 230.
“Section 230 is not working, and no court can say how it works,” Fyk said.
Key point here– this fight over censorship and Sec. 230 is not an editorial question to Fyk, it is a business question, and he is joined by another ‘digital media king’, David J. Harris Jr, and they are looking at the question of how Big Tech using section 230-is really about restrictions of trade.
In fact, as Fyk has figured out, trailblazing users of social media users are competitors of the very social media giants who are creating the platforms for people to use.
Fyk says he is really being denied due process because the courts have been bumbling his lawsuits and they are actually denying him his rights, and great legal minds are agreeing with him.
“Facebook took my business away for their financial gain,” Jason Fyk told David J Harris, Jr.
Who is protecting Fyk’s rights? The courts are struggling with that question. Now we are in new legal territory again.
“I feel like I am getting slowly lynched,” Harris said about the action against his media groups by Facebook. Facebook has been targeting Harris- making it impossible for him to reach all of his fans with is content.
“You were too loud so they had to tone you down, David,” Fyk, an early trailblazer in digital media, told Harris in a recent interview. “We work hard. I spent 18 hours a day building those audiences and it is hard work.”
Fyk and Harris talked about the details of the Social Media Freedom Foundation and Fyk’s lawsuit. US Rep. Louie Gohmert (R-TX) is assisting with, in a bi-partisan effort to strike down section 230, which includes Harris as a director on the board.
Fyk’s digital pages were so large- before Facebook destroyed them- in the early years, that at one time, he had over 38 Million fans, much higher than any lapdog media sites ever had.
Harris talked to Fyk about his long and winding legal story to find some justice.
“I am going to talk about a challenge over the United States from section 230 that gives big tech the ability to ban people and limit people’s reach, Harris told his viewers as a setup to his guest, reminding viewers of his own personal battle with Big Tech who has squashed the reach online for all of Harris’ media groups.
Harris understands the problem his guest, Jason Fyk, has with techy oppression over his small business.
“The fight over section 230 has not really produced any changes for us,” Harris said.
Harris’s show included exclusive content about a new lawsuit over sec. 230. which is being brought by Fyk.
“My guest believes he was denied Due Process over second 230, and I agree with him. So this guest is suing the United States Of America, and he has some amazing people back his efforts,” Harris said about Fyk.
Fyk explained to Harris about a lawsuit against the United States of America, which began when Facebook unpublished 6 of Fyk’s business pages, which had over 14 million followers/ fans.
“My pages were just shut down overnight, and we were not told why,” Fyk said. “This is about anti-competitive behavior. It wasn’t about the content,” he explained, asserting that Facebook uploaded the disappeared content to Fky’s competition after he sold the pages.
The discussion turned to who was paying for Facebook’s services for advertising. Fyk was not paying for marketing services at the time his pages were unpublished, he said.
“This is bipartisan, about an American building a small business on Facebook- a platform, and the lawsuit is about the way AMerica has interpreted this section 230,” Harris said.
“This is about how much value a person has to Facebook, not about the content and the courts misinterpreted this whole thing -saying I was using Facebook as a publisher- and I was not doing that, ” Fyk said.
“I was the publisher- I published my own content and I never treated Facebook like me,” Fyk said. “This is where everything starts to derail.”
“I had 38 Million followers in 2013, and way ahead of everyone in the game. We had more than Joe Rogan at the time,” Fyk said.
Harris reminded people that Joe Rogan and just sold his podcast for $100 Million dollars, and at that time you were bigger than Buzz Feed- which is now worth Billions of dollars. Fyk was denied an opportunity to build his business.
“We had very large pages, the pages did not have my name on the pages. At the time I had the fith most popular page on Facebook and that was ahead of CNN!”
Harris was also reaching more people than CNN at one time but has been throttled back by Facebook as well, saying he reached 100 million people a month on Facebook at one time.
The injustice against these American businessmen is breathtaking. “You could have had the name kike Joe Rogan, expect they took you down,” Harris said.
“I am doing these things – not for fame- because I want to do the right thing,” Fyk said.
Fyk has a personal lawsuit against Facebook, which he said is “back in the courts”, and
Harris outlined that no one – except for US Supreme Court Justice Clarence Thomas sided with Fyk. Thomas, according to Harris and Fyk wrote an opinion detailing when the SCOTUS should take action on section 230.
10:00 mins- Fyk summarized Thomas’s opinion saying that the Justice said that the courts have misinterpreted section 230 far beyond what is reasonable or what they could have intended and that courts have departed from the original meaning of a text by giving internet companies immunity for their own content,” he said.
“It is not settled law,” Fyk said. “This is all being built on bad precedent, so we went back to the fundamentals.”
“When the media is ignoring something that should tell us. We got ignored by mainstream media and Congressman Gohmert, who was a judge, said that the law can be struck down,” he said.
“The Judiciary can strike this down, that is what we are all saying,” he said. “They have to explain section 230, and how it can be used,” Harris said.
“Justice Thomas asked for an appropriate case and here it is- we are it,” Fyk said.
Listen to the conversation between Harris and Fyk, as he describes his next steps in his lawsuit and how the new foundation and how it will work going forward.
Kari is an ex-Community Organizer who writes about Cultural Marxism, grassroots activism, music, IndyCar racing and political campaigns. @Saorsa1776