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Facebook defends calling congressional candidate Laura Loomer “dangerous”

Facebook argues that Laura Loomer being banned from other platforms demonstrates others agree she's "dangerous."

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Last year, Facebook filed a motion to dismiss congressional candidate Laura Loomerโ€™s defamation lawsuit and in a controversial move, invoked the First Amendment to defend its labeling of Loomer as a โ€œdangerous individualโ€ and its use of that label to ban her from the platform in May 2019.

Now in a fresh motion for summary judgment, which is seeking to dismiss Loomerโ€™s claims that the social network defamed her, Facebook is doubling down on this First Amendment defense.

In its motion, Facebook argues that โ€œMs. Loomer has not identified any false or defamatory statements of fact made by Facebookโ€ and claims that its labeling of her as โ€œdangerousโ€ โ€œor saying that she โ€œpromotedโ€ or โ€œengagedโ€ in โ€œhateโ€โ€ is a โ€œprotected statement of opinionโ€ – seemingly ignoring the irony that Facebookโ€™s protected opinion is being used to justify the censorship of the opinions of one of its users.

Facebook also claims that Loomer cannot โ€œdemonstrate by ‘clear and convincing evidence’ that Facebook acted with maliceโ€ when it assigned these labels to her.

Interestingly, Facebook did briefly change its terms to allow โ€œthreats that could lead to deathโ€ and โ€œcalls for high-severity violenceโ€ against those it designates as โ€œDangerous Individualsโ€ two months after Loomer was banned.

Facebook has since backtracked on this policy.

In its motion, Facebook also implies that if one big tech platform bans a user for violating their rules, this demonstrates that theyโ€™re dangerous.

โ€œWhile Ms. Loomer may not believe she is โ€œdangerousโ€ or has โ€œpromoted hate,โ€ others disagreeโ€”as demonstrated by her admission that online platforms have widely banned her,โ€ the motion states.

This notion seemingly ignores that many users of these platforms are banned under questionable circumstances and that they can be banned for several reasons that wouldnโ€™t conventionally be seen as dangerous.

In addition to this, Facebook defends its banning of Loomer by citing its policy that merely associating with or supporting people that it labels as dangerous is grounds for a user also having their account terminated.

Facebook stated that Laura Loomer appearing with Gavin McInnes contributed to her being banned from the platform
Facebook stated that Laura Loomer appearing with Gavin McInnes contributed to her being banned from the platform

โ€œFor Ms. Loomer, Facebook identified the fact that she had appeared with Gavin McInnes and expressed support for Faith Goldyโ€”both of whom were previously banned from Facebook pursuant to the DIO [Dangerous Individuals and Organizations] policy as examples of Ms. Loomerโ€™s conduct contributing to her removal under the DIO Policy,โ€ the motion notes.

Facebook is arguing that anyone who disagrees with its labeling of someone as dangerous, which Facebook admits is a statement of opinion, may also be banned from the platform, if they dare to support or associate with that person.

The motion concludes by invoking The Communications Decency Act and the First Amendment: โ€œBoth the Communications Decency Act and the First Amendment provide absolute protection for Facebookโ€™s decision and therefore independently bar her claims.โ€

Facebook suggests that its free speech First Amendment rights entitle it to prevent Loomer’s ability to communicate on the platform.

Read Facebookโ€™s motion for summary judgment here.

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