In this episode of The Scalpel, Dr. Rose is joined by Jason Fyk. Jason had built an audience on Facebook of over 38 million followers, only to have them taken away by Facebook. In this discussion, Fyk explains what happened, how it happened, Section 230, and the silver-bullet case law that can end big tech’s tyranny and restore freedom online.
BIO – Jason Fyk (“fick”) – Social Media Freedom Advocate
Fyk built an audience in excess of 38 million followers on Facebook only to have them systematically stripped away by the platform’s Community Double Standards. Jason has felt the sting of corruption more than once in his life. In 2011 Fyk was arrested for attempted murder for simply taking a cell phone video of a small fight in Baltimore City Maryland where the police, just so happened to be related to some of the participants in the fight. Fyk spent 2 months in a Baltimore jail, facing two life sentences for what is a Constitutional First Amendment Right. All charges were eventually dropped by the court with an apology. These events changed Fyk forever, indwelling in him a sense of Patriotic duty, to protect the inalienable Rights of others. He has never stopped fighting to protect our Rights.
Fyk has now turned his attention to stopping big tech’s control over free speech and the free market. Fyk sued Facebook in 2018 alleging anti-competitive misconduct. The courts wrongly determined Section 230 immunized Facebook’s anticompetitive actions because Facebook can’t be treated as “a publisher” since there is no measure of “good faith” or motive found within 230(c)(1) and dismissed his case. Fyk took his case all the way to the Supreme Court and things seemed as though he was going to succeed in his quest.
Four months after his decision was made in the 9th Circuit Court, in an absolute reversal, the very same court now determined section 230 does not immunize anticompetitive misconduct. Additionally, Justice Thomas rendered a 10 page long evaluation of 230 which was nearly identical to Fyk’s interpretation of the law. Unfortunately, even though it seemed Fyk was on target, the Supreme Court denied his petition to be heard.
Undeterred, Fyk filed a motion in the California District Court to set aside his previous judgment. Fyk awaits that decision which could potentially change the course of history. Fyk has no plans of stopping his fight to save America from big tech. If the District Court still denies his motion, he plans to appeal to the 9th Circuit Court again, this time challenging the court to reconcile their conflicting decisions. If Fyk is STILL denied equal protection under the law, he plans to take his fight directly to the United States itself and sue the government under his 5th Amendment Due Process Rights.
Jason Fyk is fighting for America against big tech, almost single-handedly, in what could be considered one of the most important real-life David vs. Goliath battles in modern history.
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