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May 21, 2011
Another Unhappy Facebook User's Lawsuit Tossed--Kamango v. Facebook
By Eric Goldman
Kamango v. Facebook, 2011 WL 1899561 (N.D.N.Y. April 19, 2011). The judge approved the magistrate order on May 19, 2011. See Kamango v. Facebook, 2011 WL 1899277 (N.D.N.Y. May 19, 2011). The initial complaint.
Kamango claims that Facebook blocked (terminated?) his account for spamming friend requests. He claims the account block violated his right to express himself and be free from bias. The magistrate tossed the case as frivolous (using the standard applicable to pro per cases), and the judge upheld the dismissal even after Kamango objected. Because both opinions are appropriately efficient, there isn't much detail to explore, but the judge does note "Plaintiff’s claim under the First Amendment is futile because the First Amendment applies only to governmental action (and he has alleged no facts plausibly suggesting such governmental action)."
No matter how much we might question Facebook's policies, the lesson from Young v. Facebook plus this one is clear: stop suing Facebook for account terminations!
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