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Facebook, Zuckerberg sued for $1 billion

By | April 1, 2011, 12:36pm PDT

Summary: Larry Klayman is suing Facebook and its CEO Mark Zuckerberg for $1 billion because the social network did not remove the Facebook Page titled “Third Palestinian Intifada” quickly enough.

Larry Klayman, the founder of Judicial Watch and Freedom Watch, and a US Senate candidate in 2004, has filed a lawsuit against Facebook and its CEO Mark Zuckerberg for their role in furthering a “radical” Facebook Page called “Third Palestinian Intifada,” which openly advocated another uprising against the citizens of Israel. The complaint reserves the right to be amended into a class action suit and prays for compensatory and punitive damages in excess of $1 billion.

It’s April 1st and yet I saw this story last night. I thought it might be an early April Fools’ joke until I found the 7-page complaint (PDF) today. It alleges assault and negligence, including willful and wanton conduct, gross negligence and recklessness on the part of the Defendants, because Klayman’s life, as well as other similarly situated Jews who are prominent public figures and otherwise, have had their lives put at risk.

As a quick refresher, Facebook originally said it would not remove the Page but would monitor it instead. The company later pulled the Page after discussions degraded into violence and hatred.

While the Page was pulled eventually, Klayman believes it was not done quickly enough. He argues that the damage has already been done and that other copycat Pages will start to become popular. As I’ve already said earlier, this does not appear to be happening: the original Page was Liked by more than 350,000 users, while the new Pages don’t even have 350.

Nevertheless, the complaint alleges that the initial refusal to take down the Page was an effort by Facebook and Zuckerberg to increase the social network’s net worth based on viewership and use. It points to the fact that the social network has recently played a big role in the Middle East (such as in Tunisia, Egypt, and Libya) and has thus “profited handsomely” from the turmoil.

Klayman has a history of pursuing court cases and other activities that involve “radical Palestinians.” He is also known to be a strong supporter of Israel, and has been called a “Zionist” publicly by “radical Palestinians and other such Arabic interests.” He thus believes he may be a target by the more violent users who contributed to the Third Palestinian Intifada discussion on Facebook. Here’s his argument:

While Facebook has accomplished a lot of good, it can, as in this instance, be used for nefarious and evil purposes. Defendants Zuckerberg’s and Facebook’s callous and greedy actions in not taking down the page, but willfully allowing it to stay up for many days, has caused huge damage, for which they must be held accountable, so as to prevent this from ever happening again. They must be not only enjoined but also hit in their purse, which is where they understand matters best. Apparently, the ethically compromised Zuckerberg has no conscience or sense of right or wrong, as depicted recently in the award winning film “Social Network.”

Facebook unsurprisingly disagrees. “While we haven’t been served with a complaint, we believe the case is without merit and we will fight it vigorously,” a Facebook spokesperson said in a statement. Here’s what the company has to say about the source of all this commotion:

The Page, The Third Palestinian Intifada, began as a call for peaceful protest, even though it used a term that has been associated with violence in the past. In addition, the administrators initially removed comments that promoted violence. However, after the publicity of the Page, more comments deteriorated to direct calls for violence. Eventually, the administrators also participated in these calls. After administrators of the page received repeated warnings about posts that violated our policies, we removed the Page. We continue to believe that people on Facebook should be able to express their opinions, and we don’t typically take down content that speaks out against countries, religions, political entities, or ideas. However, we monitor Pages that are reported to us and when they degrade to direct calls for violence or expressions of hate–as occurred in this case–we have and will continue to take them down.

For more background on this story, please refer to my two previous articles:

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Emil Protalinski has covered the tech industry for five years for multiple publications.

Disclosure

Emil Protalinski

Emil has nothing to disclose.

Biography

Emil Protalinski

Emil Protalinski has covered the tech industry for five years for multiple publications, including Neowin for two years and Ars Technica for three years. He has written 1,000s of articles for both, with a particular focus on scrutinizing Microsoft products and services. Recently, Emil has expanded his coverage to non-Microsoft technologies, including the social networking giant Facebook.

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RE: Facebook, Zuckerberg sued for $1 billion
jacksmith90 17th Oct
Mark Zuckerberg founded Facebook in his room, college dorm six years ago. Five hundred million people have joined since, and 879 of their peers. This site is a directory of people in the world, and a place for private citizens to create a public identity. You sign up and start posting information about yourself: photographs, employment history, why are you bored now in gummy-bear selection of Rite Aid or bullish about the prospects for peace in the Middle East East. Some information can only be seen by your friends, some are available to friends of friends, some of which are available to anyone. Facebook's privacy policy is confusing for many people, and the company has changed them often, almost always allowing more information to emerge in a more ..
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Hopefully this garbage gets thrown out. As much as I hate Facebook, anyone can put anything they want on the internet, period.
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@Droid101 Sorry, but if it puts people in Harm's Way, it's against the law. I say this not as a fan of Jews, Zuckerberg, Facebook or radical Palestinians.
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@palavering
Facebook is not complicit in the violence in the middle east. Freedom of Speech should be upheld in this case.

This sets a dangerous precedent in that if someone puts something I disagree with on Facebook, if I then harm that person, Facebook is responsible. Terrible. Let freedom ring for goodness sake. Censorship is evil.
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Too many laws in the US make it very hard to have real freedom.

I agree that hatred no matter who its targeted against should be condemned. But freedom of speech just as important, otherwise we would no be any different than any other dictatorship.

Those inciting into violence directly should be held responsible as they are the ones who are pushing for it. Facebook should be mildly accountable for not putting a lid on violence, specially when they were warned. Greed does have its consequence. But 1 Billion does not fit the issue. That just goes against freedom of speech.

Some countries now have laws that forbid anyone from posting anything on line. In these countries, elected officials behave no different than dictatorships or fascist states.

Users should have the ability to disagree and have their opinions heard. But those who do promote violence should be held accountable.

Social sites should work with government to insure that when users who promote this behavior.
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Message has been deleted.
nomorebs Updated - 25th Jul
  • Flagged
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@palavering: "Jews" is not the right word here. It's only the "Zionist Jews" the ones behind this lawsuit.
  • Flagged
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@palavering, sorry, but you're just wrong. As much as I disagree with the message, this is still protected by the first amendment. There is no law that says you have the right to not be offended.

If the page creators actually committed a violent act, then by all means try them and convict them. But to sue Facebook and Zuckerberg is just stupid. People who bring these types of lawsuits should be fined 10% of what they are asking for if the lawsuit is baseless.
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@hoaxoner

I agree. To hold Facebook responsible for this would be to put a chill on Free Speech. Basically, you should be allowed to put anything on the internet, no matter how controversial, unless it is supporting criminal acts or encouraging people to do criminal acts.

We already have pedosexual pages being taken down for various bogus reason that only support changing the laws and taking a fresh look at this controversial subject.

If we go any further, we will get to the point where anything that is controversial cannot be spoken about.
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@palavering

It's not against US law or seditious to speak out against a foreign power, ever. It's only potentially risky if you're encouraging violence against individuals. By the same token, we need to throw Westboro baptist church in federal prison, they got 8 people killed. Facebook did not incite violence, you'll note they pulled the page when radical [x] and violence became its centerpiece. There is no fault here on the part of facebook. Your disclaimer is uneccessary, you're wrong either way.

@nomorebs

Not surprising you've been flagged. Too many people nowadays think Israel can do no wrong and even so much as referring to their cultural group/religion (which they will use to their advantage by playing the race card whenever it's convenient) gets you censored. Their tiny voting bloc holds way too much power in the US because they're self-centered and only vote on one issue, and the far right wing of our political spectrum simply falls in line. No presidential candidate dares speak out against Israel in any way as they'll lose Florida and New York, the same reason we will never stop the embargo on Cuba. I'm really tired of having to take the blame for Israel's concentration camps and abusive behavior.
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@palavering
Its not putting people in harms way. Its a webpage. I say this as someone who thiks FB is completely stupid....
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Facebook will remove any offensive pages, but monitoring them all is an endless task, that is why members are encouraged to complain about pages such as this. When complaints are received, Then Facebook can monitor them and take appropriate action.
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@palavering
There is some very good insight here that I agree with very much.
Philadelphia Chiropractor
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RE: Facebook, Zuckerberg sued for $1 billion
partman1969@... 4th Apr 2011
@Droid101
Liberals would argue this as free speech and yet they would censor the preacher from Florida burning the Koran. Ignorances abound as long as politics on the internet support your viewpoints.
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@Droid101 Agreed.. This seems pretty frivolous. Interested to see how it plays out.
barska binoculars
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Message has been deleted.
Spikey_Mike Updated - 25th Jul
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@Spikey_Mike
What are you talking about? He just want the money. He don't care about the palestenian. What harm can facebook get by loosing 1 billion?
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It's not about money
use_what_works_4_U 4th Apr 2011
@asdacap
It's about setting up the soapbox for his next political campaign. We will hear about this specific issue again. Count on it
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nami85 Updated - 25th Jul
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@nami85

Bad grammar and spelling, but once deciphered I have to agree with most of the points made.

Israel is:

1. Putting settlements on land that by U.N. proclamation and resolution doesn't belong to them.
2. Carrying out a pattern of harassment and perhaps genocide against the Palestinian people.

Now, the Palestinians are launching rockets at Israel every so often (or are they? It could be a fringe group), but that doesn't justify the stuff the Israelis are doing and is coming from the Israelis refusing to negotiate.
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@nami85 if you follow a religion you are brain dead and probably an ******
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What laws did Facebook or Mr. Dushbag break or what harm does the page generate against the suing party?

As long as the page is not doing anything illegal (like making a call to kill somebody), all I see is Facebook following the law by preserving the right of free speech.

The right to free speech is not limited to speech you or I like. As long the speech is withing legal limits, the right for them to say what they want must be protected so that YOUR right to speak is protected too.
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@wackoae
There were lots of calls to kill lots of people on the page.

Not sure where this guy's standing comes from, though.
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@jdakula
Facebook did not tell anyone to kill anyone. The posters did. Hold them responsible, not Facebook.
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RE: Facebook, Zuckerberg sued for $1 billion
x I'm tc Updated - 2nd Apr 2011
@hoaxoner

I did not ask for anyone to be held responsible. I simply pointed out that there were calls for killings. Lots of them.

That said, to say Facebook holds no accountability for what goes on on their own network is a difficult position to defend. Especially when they have already acknowledged they were monitoring that page. Thus, they cannot even plead ignorance. Newspapers have been held liable for things printed in their opinion pages.
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RE: Facebook, Zuckerberg sued for $1 billion
e_ecruz Updated - 1st Apr 2011
Klayman is just looking for a quick buck hoping that Facebook settles.
How about a lawsuit removing every page in Google that talks about Israel? They have been on the wrong side of the law for many years, including US laws that requires no more building of settlements. How much more hatred can you have when you bulldoze people's homes in the middle of the night?
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@e_ecruz Kudos! Yours is a valid point. Both sides are at fault, always!
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Good luck with that one.
Will Farrell 1st Apr 2011
So this guy either believes he'll win and live the great life, or he'll get his 15 minutes of fame, hoping for a reality series or something.

good luck with that one!
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@Will Farrell : Read his background, this is the way he makes a living.
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Again this Israel BS. Who cares? Move along. About 99% of the world doesn't give a damn.
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Claims of damage will be difficult to prove. So far there is no damage. It is imagined. Unfortunately, unless someone is killed or assaulted and there is a tangible link to the site in the article, the complaint seems to be without merit.
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@notme403@... And in that case, the posters should be prosecuted, not Facebook.
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@nomorebs

I'd say both.

But the violence need not actually occur. The fear caused by the posting is damaging in its own right. Whether it is damaging enough to override free speech rights is for a court to decide. These things are complicated.
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@Jdakula If causing fear is damaging then why hasn't Fox News been sued?
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Just my view of it. Find some rich dude, see if you can find something to make sue for and hope for settlement.
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Now I get it
alec1241 1st Apr 2011
THAT's how Armageddon starts. The Middle East rises up against its leaders, then against Israel. Israel retaliates. The U.N. creates a No-Fly Zone around Israel, which it ignores. Israel finds itself fighting the whole world...
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... and pigs are flying
nomorebs Updated - 1st Apr 2011
N/T
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But he's a GOOD boy
Robert Hahn 1st Apr 2011
Larry Klayman would sue his own mother.

Oh wait... He already did. I am not making this up, or saying it because it's April Fools Day. Google it yourself: Larry Klayman sued his mother.
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@Robert Hahn

After reading your post, I had to google it, and sure enough, he sued his mom.

then I saw a result for him suing the very organization he founded: Judicial Watch. There is something really wrong with this guy.

http://www.freerepublic.com/focus/f-news/1615419/posts
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All the people arguing over freedom of speech need to read the Constitution a little more closely. It is written so that while you have the right to say what you want in many respects, you may only do so if it does not in any way (directly or indirectly) cause harm to others.

The concept is simple really. Saying you hate someone is perfectly legal. Saying you need people to help you hurt another person is illegal.

To say that we need to change our laws because they don't protect us is pure ignorance. Where the failure is, are the judges that incapable of the common sense required to uphold these laws as they are written.
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@ShadowGIATL
Like for example saying anything against the health reform hurts others, because without the health reform they would die for a lack of proper treatment?
Wow! You put the whole f***ing tea party in jail dude! Kudos!
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@kirovs@...

Saying you dont want your tax dollars going to helping another person, even if it would save their life is a much different situation than enlisting friends for the purpose of burying an axe in them.

I'm certain you realize this.
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RE: Facebook, Zuckerberg sued for $1 billion
ShadowGIATL Updated - 4th Apr 2011
@kirovs@...

You appear to be confusing saying someone will die with lets kill someone. Here is another sample for you:

It is technically legal to say someone SHOULD die.
However, it is not legal to say you GOING to kill someone.

One shows desire... the other shows intent. It's the intent that is illegal. (however, in different courts, and such, opinions will vary)
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@ShadowGIATL

No, that is what the Supreme Court has ruled over the centuries since the Constitution was written. What the constitution actually says is absolute: the freedom of speech cannot be abridged (at least, not by the federal government).

"Congress shall make NO LAW...abridging the freedom of speech..." (emphasis mine)

We just don't take the Constitution literally (which is a good thing, BTW).
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@jdakula

Congress shall make NO LAW...abridging the freedom of speech..." (emphasis mine)

We just don't take the Constitution literally (which is a good thing, BTW).

The Constitution is only one of the founding documents. The Declration of Independence clearly expresses that we have certain inalienable rights that cannot be taking from us. It states that we have the right to life, liberty, and happiness. It is rather hard to be happy with someone threatening you. Hard to have liberty if someone is hounding you at your every move. To let this continue may prevent you from your right to life, should they take it to far.

The Constitution cannot take from you these basic rights set forth in the Declaration of Independence. In fact, no document can. The reason the Constitution reads the way is does is to ensure that never changes.
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RE: Facebook, Zuckerberg sued for $1 billion
alsobannedfromzdnet 1st Apr 2011
I was offended and upset, it gave me a bad night's sleep, now how do I get my hands on a cut of this billion?

Although I'm not really a Jew, I will convert for cash.
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Wow, Emil.
UrNotPayingAttention 1st Apr 2011
When I first read this headline earlier today, I was thinking "Fools Day".

After coming back to it and seeing it might be for real, I...well, I still think that. Either that or Larry Klayman should team up with the Parents in NYC suing everyone for the pic of their daughter that leaked out.

First, am I to understand that the lawsuit boils down to Klayman states that Facebook did not manage it's website efficiently enough? That's a pretty subjective claim for a court of law, no?

I mean, could I sue McDonald's now, after the fact, because they "didn't put their nutrition facts on their packaging soon enough, and now we have a nation of fat azzes"???

I mean, nevermind the fact that for the last two thousand years, there has been turmoil in that region, and as a result people who have profited very handsomely from it.

No? the turmoil and profit starting occuring in 2004 when Facebook was concieved?

Hmmm... Fools Day, indeed.
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Hmmm...to paraphrase: "I consider myself to already be a target, so let me see if I can cash in on the fact."
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Radical Islam
Jack Meoff Now 1st Apr 2011
I say this: Create a new vacation spot in the Arab Middle east. Call the place "The Roach Motel". Their motto: "THEY CHECK IN, BUT THEY DON'T CHECK OUT!" Promise every male patron 69 virgins. This ought to clean up the problem post haste!
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@Jack Meoff Now : there is already a roach motel called Tel Aviv. It's full of roaches from a group called zionists
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Mark Zuckerberg founded Facebook in his room, college dorm six years ago. Five hundred million people have joined since, and 879 of their peers. This site is a directory of people in the world, and a place for private citizens to create a public identity. You sign up and start posting information about yourself: photographs, employment history, why are you bored now in gummy-bear selection of Rite Aid or bullish about the prospects for peace in the Middle East East. Some information can only be seen by your friends, some are available to friends of friends, some of which are available to anyone. Facebook's privacy policy is confusing for many people, and the company has changed them often, almost always allowing more information to emerge in a more ..
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