FOIA and Suing State Actors for Suspending Your Account After Discussing Hunter Biden’s Laptop
Was your Instagram, Twitter, or Facebook account suspended or throttled after discussing Hunter Biden’s laptop story before the last presidential election? Frustration can set in, especially if you feel your freedom of speech has been impeded by ruining your brand. But don’t fret – you have legal avenues to redress. Specifically, you can submit a Freedom of Information Act (FOIA) request to obtain your records and use social media and their revolving door (FBI) employees. Before we delve into the steps you need to take, remember two essential details: always include your banned username and a brief context as to why you think your account was suspended.
Remember: Freedom of information is not just about seeking answers. It’s about asserting your rights as a citizen.
What is a State Actor Under the 14th Amendment?
In the context of the 14th Amendment to the United States Constitution, a “state actor” refers to an entity or individual closely associated with or connected to the government. The 14th Amendment, adopted in 1868, includes the Equal Protection Clause, which prohibits states from denying any person within their jurisdiction the equal protection of the laws.
The concept of state action is crucial when considering constitutional rights, as these rights are generally intended to protect individuals from government actions rather than actions by private individuals or entities. The 14th Amendment extends the protections of the Constitution to individuals against actions by state governments, but it does not automatically apply to actions by private parties.
Examples of state actors under the 14th Amendment may include:
- Government Agencies: Actions taken by various government agencies at the state and local levels.
- Public Officials: Individuals holding public office or acting in an official capacity on behalf of the government.
- Government Employees: Individuals employed by the government when acting within the scope of their official duties.
- State-Funded Entities: Entities that receive significant government funding or are otherwise entwined with the state subject them to constitutional constraints.
Private individuals or entities, even if receiving some government funding or regulation, are generally not considered state actors for the 14th Amendment unless their actions are significantly intertwined with government actions.
The determination of state action is a complex legal issue, and cases involving the 14th Amendment often hinge on whether the entity or individual in question can be considered a state actor based on the specific facts and circumstances of the case. Courts may consider factors such as the level of government involvement, the nature of the action, and the relationship between the private entity and the government.
What is FOIA?
FOIA, or the Freedom of Information Act, is a federal law that grants the public the right to request access to records and information held by government agencies, promoting transparency and accountability.
Making a Freedom of Information Act (FOIA) request involves specific steps to ensure a smooth and effective process. Here are the general steps:
- Identify the Correct Agency: Determine the federal agency that likely holds the information you seek. Each agency has its own FOIA office.
- Check for Publicly Available Information: Before making a request, check if the information is publicly available. Some information may be accessible without a formal FOIA request.
- Prepare a Written Request: Create a clear and concise written request that includes:
- Your name and contact information.
- A detailed description of the records you are seeking.
- Specify the format you prefer for receiving the information (electronic or hard copy).
- Address the Request to the Correct FOIA Officer: Ensure you address your Request to the correct FOIA officer at the identified agency—The contact information is on the agency’s website.
- Include Necessary Details: If possible, provide as much detail as possible about the records you seek. This helps the agency locate the information more efficiently.
- Specify Fee Preferences: Indicate if you are willing to pay fees associated with processing the Request. FOIA requests may have fees for search, duplication, and review, but specific categories of requesters may be eligible for fee waivers.
- Mail or Submit the Request: Send your Request to the FOIA officer using the agency’s appropriate mailing address or online submission portal. Some agencies also accept requests via email.
- Follow Agency-Specific Procedures: Different agencies may have specific procedures for handling FOIA requests. Familiarize yourself with any agency-specific requirements or guidelines.
- Receive Acknowledgment and Tracking Number: Once the agency receives your Request, you should receive an acknowledgment and a tracking number. This number allows you to check the status of your Request.
- Wait for a Response: The agency must respond to your Request within a specific timeframe. The response may include the requested records, a denial with reasons, or a request for clarification.
- Appeal if Necessary: If your Request is denied or you are dissatisfied with the response, you can appeal the decision. Follow the agency’s appeals process outlined in the response.
Your essential checklist:
- Keep ready the username of your banned account
- Specify the context of your banning – the discussion about Hunter Biden’s laptop story
With these details at hand, you are ready to proceed. In the following sections, we’ll walk you through making a robust FOIA request. We’ll make it simple and engaging so that asserting your rights becomes less of a chore and more of a meaningful engagement. Buckle up, and let’s get started!
Step 1: Gather All Necessary Information
To start your Freedom of Information Act (FOIA) request, you’ll need to compile all the necessary information. This includes your banned Facebook or Instagram username, the detailed reason Facebook or Instagram gave for suspending your account, and any other relevant details, such as the date the action was taken and the content that caused your suspension.
Step 2: Writing Your FOIA Request
Once you’ve collected the necessary information, it’s time to draft your FOIA request. Remember: clarity and precision are your allies here. Your Request should include all the identified details and clearly express exactly what records or information you seek.
- Username: Start by mentioning your banned username. This would include usernames from Instagram and Facebook, if applicable.
- Reason for Suspension: Include the reason the social media platforms gave for your account suspension. For example, mention this specifically if you were banned after discussing the Hunter Biden laptop story.
- Additional Details: Include relevant details such as the date of the suspension, the posts that led to the action, and any other appropriate information. Photos/screencaps of the banned posts may also be included.
Step 3: Submitting Your FOIA Request
The final step in this process is to submit your well-crafted FOIA request. You can do this by mailing it to the appropriate government agency. As FOIA applies to government agencies, it may not directly apply to Facebook or Instagram, but it can still be a valuable step in understanding why your account was suspended.
Remember to keep a copy of your Request. Documentation is always a wise practice. Patience is vital as, depending on the agency, responses can take weeks or months.
By making a FOIA request, you’re exercising a fundamental right to information and ensuring transparency from those who wield power. It is a crucial step to take if your voice was silenced seemingly without reason. Stay engaged, and keep pressuring for answers. After all, it is your right to know.
Step 4: Awaiting Response and Next Steps
You’ve sent in your FOIA request; now what? The waiting period begins after your Request has been formulated correctly and forwarded to the appropriate person.
This phase typically takes 20 to 30 business days, which can feel like an eternity when you’re waiting for critical information. Remember, patience is your ally during this period.
What do you do if you haven’t received a response?
If you don’t receive a response after the upper limit of the mentioned timeline, don’t worry. You can contact the agency for a status update on your Request. You can also appeal to the relevant office, citing undue delay.
If your Request is denied, you have two lines of appeal. The first is with the agency that rejected your Request, while the second lies with the Federal Court. The decision to appeal will depend on the significance of the information you requested and your willingness to pursue the matter further.
Censoring Freedom of Speech to Interfere With Elections?
Regarding freedom of speech and the right to express opinions, the Internet offers an unrivaled platform for everyone. At the forefront of this expression channel are social media platforms, yet there are instances where disagreements about content moderation arise. Specifically, you may have faced censorship or banning while discussing the Hunter Biden laptop story on these platforms, which can feel like an infringement on your rights. In such circumstances, you might contemplate bringing a lawsuit against the social media giants or the FBI. With the release of the Twitter files, we now know that many FBI employees acted as surrogates for social media companies and the Biden Admin. So, how does one commence such a complex legal action against such a powerful organization?
As you delve into this journey, we will guide you step-by-step through the process, covering all aspects, such as the legalities, potential routes you can take, and things to keep in mind. Grab a notepad and coffee, and keep an open mind; we’re about to navigate some attractive legal waters!
First, let’s discuss what censoring means in the context of social media. Censorship typically refers to public institutions like the government suppressing information they deem harmful, misleading, or inconvenient. However, private companies like Facebook, Twitter, or Instagram aren’t classified as typical censorship organizations unless you support Donald Trump. This is because they have their own sets of guidelines and participate in self-regulation to maintain the balance and safety of their platforms. But there are exceptions here, and let’s explore that further.
Understanding the law that governs social media censorship
The First Amendment to the Constitution of the United States prohibits government entities from infringing on freedom of speech. However, it does not restrict private entities like social media companies from removing or banning content that violates their community guidelines. This point is essential before you plan to use a social media platform. However, there’s a twist!
The twist comes from an interpretation of the law—specific rulings state that private corporations and individuals can be considered state actors under particular circumstances. This means that when a private company, like a social media platform, acts almost akin to a government body, decisions like censoring may be viewed with a stricter lens. There’s a potential legal challenge, but only if you can establish this.
See also this video, “Jim Jordan Ruthlessly Grills Witnesses About Hunter Biden Probe, Govt Censorship | 2023 Rewind.”
Building Your Case: The FBI and Social Media Platforms
Before you sue social media platforms and the FBI, FTC, etc., for possible censorship, it is crucial to build a case that illustrates the government’s involvement as a state actor alongside social media companies in suppressing the Hunter Biden laptop story.
Here are some steps you may consider:
- Collect Evidence: Document instances where your content related to the Hunter Biden laptop story was removed, banned, or suppressed. Screenshots, emails, and form letters from the social media platform or FBI are crucial pieces of evidence.
- Establish Connection With State Actor: You have to prove that the social media platform was working in conjunction with a government body like the FBI (Peter Strzok, Lisa Paige, etc.).
- Prove Censorship: Demonstrate that the social media platform and FBI actions suppressed your freedom of speech.
Remember, these steps are complex and require careful planning and execution. Legal advice and assistance from a lawyer with experience in freedom of speech and internet law can significantly bolster your case.
The Lawsuit
After gathering the necessary evidence and affirming the connections, you can file a lawsuit. Be prepared—this can be a long journey with its fair share of challenges.
Stay strong, organize your evidence, and work closely with your legal counsel. Pursuing a lawsuit against the FBI and social media platforms is no small task, but with the right guidance and preparation, it’s certainly possible.
Serving the Lawsuit Papers
So you’ve gathered your evidence, engaged with legal counsel, and prepared to take on the giants: the FBI and major social media platforms. The road ahead requires dedication, but your rights and freedoms are on the line. Let’s move on to the next step: serving your lawsuit papers.
The initial part of any lawsuit includes serving the papers to the corresponding parties involved. This includes the social media platform that took the controversial action and the Federal Bureau of Investigation.
Substantial evidence and documentation are the key to success here. Include all the specifics, from dates and times of deleted posts to explicit mentions of the Hunter Biden laptop story. Your lawsuit should clearly show the censorship, the alleged bias, and the consequences you’ve faced.
Pressuring through Public Opinion
One unique aspect of this kind of lawsuit is the potential power of public pressure. Let’s not forget the fundamental role of social media—it’s a platform that allows your voice to be heard. As such, it’s a perfect stage to bring attention to your cause. But remember, it shouldn’t come across as deliberate manipulation. Be honest and transparent, and share your plight, which can potentially rally public support around you.
A well-constructed plea to the public can not only put pressure on the social media platform and force them to reconsider but also illustrate to the world the potential hazards of unchecked censorship. The pressure on these platforms can be enormous if the public sentiment swings in your favor.
Pursuing Legal Avenues
You must continue following the legal process once you’ve built public support and served your papers. Detailed jurisdictional rules must be followed in the letter, guided by your legal counsel. This includes filing the appropriate paperwork with the court, documenting all interactions and proceedings, and preparing for potential court hearings.
It is crucial to carefully track the social media platforms and the FBI’s response. Monitor for any changes in their policy or public statement, and work with your lawyer to adjust your approach if necessary. Remember, these are large entities with significant legal teams, and they will likely fight hard. But don’t falter. Hold onto your evidence and stick to your guns.
Conclusion: Your rights, your voice
By filing a FOIA request, you’re exercising your right to understand why your account was suspended, mainly if this happened after you discussed a political topic. This action is one example of how citizens can challenge decisions that affect their freedom of expression and access to information.
Let this guide serve as a resource for your journey to free speech and open communication, ensuring your voice is heard, and your rights are respected.
Looking to sue the FBI and social media for censorship is indeed a daunting task, but with thorough preparation, robust documentation, and proper legal counsel, it can be achievable. Remain patient, be persistent, and, most importantly, stay true to the fight for your rights. We’re right here with you.
Sources:
- In 2020, Twitter and Facebook limited the distribution of a New York Post article about Hunter Biden’s purported laptop.
- Twitter cited its hacked materials policy to limit the article’s spread.
- Facebook stated that it reduced the article’s distribution on its platform pending a fact-checker review.
- Twitter later changed its hacked materials policy following backlash over handling the article.
- In 2020, 73% of U.S. adults believed social media platforms censor political viewpoints they find objectionable.
- In 2020, 90% of Republicans believed that it’s likely social media platforms censor political viewpoints they find objectionable.
- In 2021, a poll found that 59% of U.S. adults do not trust the tech industry to decide what content should be allowed on online platforms.