United States District Court, D. New Hampshire
REPORT AND RECOMMENDATION
K. JOHNSTONE UNITED STATES MAGISTRATE JUDGE.
the court for preliminary review is pro se plaintiff Isaac
Green's First Amended Complaint (Doc. Nos. 59-1,
104)(“FAC”) and an addendum (Doc.
No. 71) to the FAC. See Aug. 17, 2018 Order
(referring FAC to magistrate judge for preliminary review).
Also before the court for consideration and a report and
recommendation (“R&R”) are the
plaintiff's motions seeking preliminary injunctive relief
(Doc. Nos. 4, 9, 18).
Green filed his initial complaint (Doc. No. 1), those
defendants that had been served moved to dismiss the
complaint. See Doc. Nos. 24, 25, 45, 48. In addition
to filing objections (Doc. Nos. 53, 56) to the motions to
dismiss, Green filed the FAC, which has been referred to the
undersigned magistrate judge for a preliminary review.
See Aug. 17, 2018 Order.
plaintiff filed the (proposed) FAC, defendants again moved to
dismiss, see Doc. Nos. 68, 78, 79, 103, asserting
essentially the same arguments set forth in their motions to
dismiss the original complaint and including arguments to
dismiss new claims Green asserted in the FAC. Green filed an
objection (Doc. No. 82) to Patreon's motion to dismiss
(Doc. No. 68), and then did not file a response to the
dispositive motions filed by Google, Twitter, YouTube, and
Facebook (Doc. Nos. 78, 79). The June 18, 2018 procedural
order (Doc. No. 90), issued before the end of the objection
period for those defendants' motions, stated that the
court would hold those motions (Doc. Nos. 68, 78, 79) in
abeyance pending a ruling on certain other motions in the
case and issuance of a briefing schedule, see June
18, 2018 Order (Doc. No. 90). GoFundMe then filed its own
motion to dismiss (Doc. No. 103), asserting arguments similar
to those asserted by the other defendants. Green did not file
a response to GoFundMe's motion to dismiss.
FAC contains no clear narrative and is difficult to
understand. Many, if not most, of Green's assertions are
legal conclusions that are not supported by any specific
construed, the FAC appears to allege the following facts and
claims against defendants Google LLC (“Google”);
Twitter, Inc. (“Twitter”); YouTube, LLC
(“YouTube”); Facebook, Inc.
(“Facebook”); Patreon, Inc.
(“Patreon”); GoFundme, Inc.
(“GoFundMe”); and Blogspot.com. Green's
claims arise out of his assertions that his rights were
violated in connection with his use of the defendants'
websites and online platforms. Green alleges that he has
created one or more accounts on YouTube, Google, Facebook,
Twitter, Patreon, and/or GoFundMe. Using those accounts,
Green posts content on the internet to be seen by those who
subscribe to, patronize, or follow his accounts. The only
claims Green makes that specifically describe the
defendants' actions which Green alleges have caused him
• Defendant Twitter deleted one or more of Green's
Tweets, and, on one occasion, deleted 500 or more of
• Green has had three YouTube channels, and YouTube has
closed one of the channels, put two “false
strikes” on his second channel, and prevented Green
from streaming live videos on his third channel;
• Google, as the owner of YouTube, is responsible for
YouTube's actions taken against Green;
• Facebook prevented Green from posting YouTube videos
to his Facebook account, deleted Green's account and
Green's “virtual property” associated with
that account; and
• Green raised over $1000 in a fundraiser he began on
the GoFundMe platform, and then GoFundMe closed Green's
account and returned the pledged donations to the donors.
has not made specific allegations of injurious acts taken
against him by Patreon or Blogspot.com.
generally asserts that, due to the No. of people who view and
subscribe to his accounts on the defendants' websites, he
is entitled to certain advertising revenue earned by those
websites, particularly YouTube. Green claims that the
defendants have embezzled such revenue from him. Green
further claims the defendants have engaged in various tactics
to misappropriate and deprive Green of money to which he is
entitled, including tampering with his accounts and
manipulating data concerning the No. of people who subscribe
to and view his posts, videos, and Tweets. Although Green
concedes that he “does not actually know how much is
paid [by YouTube/Google] per ad, per view and per option of
advertising, ” FAC at 5, he states in the FAC that the
defendants are embezzling 90% or 100% of the money he has
earned on the defendants' internet platforms. Green also
claims that the defendants, motivated by political bias,
based on the views he expresses in his videos and other
postings, have locked him out of his various accounts; closed
his accounts; denied him the ability to post some or all
content; deleted subscribers, comments, and view-counts
relating to his accounts; placed false strikes on his
accounts; stole or otherwise denied Green access to his
“virtual property, ” and otherwise harassed him.
construing the assertions in the FAC, the court finds that
Green asserts the following claims in this action:
1. One or more of the defendants have violated the Fair Labor
Standards Act, 29 U.S.C. § 207(a)(1)
(“FLSA”), by failing to pay Green minimum wage.
2. One or more of the defendants have embezzled money earned
by Green on the defendants' internet platforms and
engaged in other criminal activity with regard to Green's
use of those platforms.
3. One or more of the defendants have violated Green's
First Amendment right to free speech, and engaged in
viewpoint discrimination, by: a) censoring the content he
posts on the defendants' internet platforms; b) denying
Green access to the defendants' internet platforms; and
c) requiring that Green agree to “Terms of
Service” which allow the defendants to curtail his free
4. Facebook has violated Federal Communications Commission
5. Facebook targeted Green because he was involved in efforts
to expose and prevent sex trafficking, in violation of: (a)
the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, et
seq. (“CFAA”); (b) the Stop Advertising Victims
of Exploitation Act of 2015, 18 U.S.C. § 1591(a)
(“SAVE Act”); and the combined Allow States and
Victims to Fight ...