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`Case 2:21-cv-01917-WSH Document1-1 Filed 12/30/21 Page 1 of 44
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`EXHIBIT A
`EXHIBIT A
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 2 of 44
`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 2 of 44
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`EI No
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`The information collected on thisform is used solelyfor court administration purposes. This form doesnot
`supplement or replacethefiling andservice of,pleadings or otherpapers as required by lawor rules of court.
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`Comrmencementof Action:
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`Complaint
`Ed Writ of Summons
`[3 Petition
`[i Transfer from AnotherJurisdiction
`(1 Declaration ofTaking
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`Lead Plaintiff's Name:
`Lead Defendant’s Name:
`ARMSLIST LLC
`FACEBOOK,INC.
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`EJ}within arbitration limits
`BI Ne
`DollarAmount Requested:
`Are money damages requested? [1 Yes
`EJoutside arbitration limits
`o
`(check one)
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` Ci Yes
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`|
`Is this a ClassAction Suit?
`[1]Yes.
`No
`Is this an MDJAppeal?
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`Name ofPlaintiff/Appellant’s Attomey: Richard T. Coyne
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`[] Check here ifyouhave no attorney(are a Self-Represented [Pro Se] Litigant)
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`CIVIL APPEALS
`ICONTRACT (do not include Judgments)
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`TORT(ge notinclude Mass Tort)
`Adniinistrative Agencies
`£3 Buyer Plaintiff
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`[3 Intentional
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`(1 Malicious Prosecution.
`CO Debt Collection:Credit Card
`[1 Board ofAssessment
`a
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`(J Motor Vehicle
`[1] DebtCollection: Other
`[J Board ofElections
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`Nuisance
`Dept. ofTransportation
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`PremisesLiability
`Statutory Appeal: Other
`=
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`QOatDispute:
`=
`ulmasstort)
`9
`(does not include
`Product Liability
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`i
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`“ik
`Sta: der
`ibell’
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`ii
`scTimimation
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`Defamation Ej Employment Dispute: OtherOther Libel! C] Zoning Board C3 Other.
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`[} Other:
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`Ci Asbestos
`E-}Tobacco
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`Ej Toxic Tort - DES
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`MISCELLANEOUS
`[2] Toxic Tort - Implant
`REAL PROPERTY
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`[2] Common Law/Statutory Arbitration
`fl] Toxic Waste
`E} Ejectment
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`Declaratory Judgment
`Ci Other:
`£3 Eminent Domain/Condeimnation
`Mandamus
`[2] Ground Rent
`Non-Domestic Relations
`[-] Landiord/Tenant Dispute
`Restraining Order
`[ Mortgage Foreclosure: Residential
`oO Quo Warranto
`[J Mortgage Foreclosure: Commercial
`[EJ Replevin
`Cl Partition
`me Other:
`Ci} Quiet Title
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`| PROFESSIONAL LIABLITY
`EJ Dental
`[Ej Legal
`Cl Medical
`(} Other Professional:
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`Ed Other:
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`Updated1/1/2611
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 3 of 44
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`actions for divorce or annulmentof marmiage, Rules 1926.1 et seq.
`(iv)
`(v}_actions in domesticrelations generally, including paternity actions, Rules
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`published on the website ofthe Administrative Office ofPennsylvania Courts at www.pacourts.us.
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`completed cover sheet.
`(c}
`The prothonotary shall assist a party appearing pro se inthe completion oftheform.
`(d)
`A judicial district which has implementedan electronic filing system pursuant to
`Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the.
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`NOTICE
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`PennsylvaniaRule of Civil Procedure 205.5. (Cover Sheet) provides, in part:
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`Rule 205.5. Cover Sheet
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`(a)(1) This rule shall applyto all actions governed by the rules of civil procedure except
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`the following:
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`(1)
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`(ii)
`(iii)
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`1915.1 et seq.
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`actions pursuant to the Protection from Abuse Act, Rules 1901 et seq.
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`actions for support, Rules 1910.1 et seq.
`actions for custody, partial custody and visitation ofminor children, Rules
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`1930.1 et seq.
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`voluntary mediation in custody actions, Rules 1940.1 et seq.
`(vi)
`At the commencement of any action, the party initiating the action shall complete
`(2}
`the cover sheet set forthin subdivision (e) and file it with the prothonotary.
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`(b)
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`The prothonotary shall not accepta filing commencing an action without a
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`provisions ofthis rule.
`{e)
`The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural
`Rules Committee, shall design and publish the cover sheet. The latest version ofthe form shall be
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 4 of 44
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`IN THE COURT OF COMMON PLEASOF WESTMORELAND COUNTY PENNSYLVANIA
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`CIVIL.
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`WESTMORELAND COUNTYCIVIL COVER SHEET
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`ARMSLIST LLC,ET AL.
`616 MAGEE AVE.
`JEANNETTE, PA 15644
`Plaintiff(s)
`v8.
`FACEBOOK, INC., ET AL.
`cfo Corporation Service Company
`3595 Interstate Dr. #103
`Faradeat(s)
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`Judge: BOAO
`CaseNo. “Ho vf LOL
`Counsel: Richard T. Coyne
`Representing: Armslist, LLC,et al.
`Pa. LD. No. : 329998
`Firm: Wegman Hessler
`Address: 6055 Rockside Woods Bivd., North
`Suite 200
`Cleveland, Ohio 44131
`Phone No. 216-642-3342
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`Fax No.
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`216-642-8826
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`E-mail
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`rtcoyne@wegmaniaw.com
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`PLEASE ANSWER THE FOLLOWING:
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`1.
`2.
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`3.
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`Is theAmount.In Controversy Less Than $30,000?
`DoesThis Case Involve Discovery ofElectronically
`Stored Information?
`Does This Case Involve a ConstructionProject?
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`Yes i No
`Ex]Yes
`rT] No
`a
`[yes
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`No
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`ENTRY OF APPEARANCE
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`TOTHE PROTHONOTARY:Please enter my appearance on behalf ofthe Plaintiff/Petitioner/
`Appellant. Papers may be served at the address setforth above.
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`14PMWestmorelandCounty21C103063
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`08/11/202102
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`Signature: F.Coyne ates_August #1, 2021“Richard
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`Original! — Prothontary
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`Revised 5/26/2010
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`Copies - Judge and Opposing Counsel
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 5 of 44
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`IN THE COURT OF COMMON PLEAS
`WESTMORELAND COUNTY, PENNSYLVANIA
`CASENO. Fhlp or LOLI
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`supce: YOAYOWCUA
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`)))))) )) ) ) )))) ) ) )))))))
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`ARMSLISTLLC
`616 Magee Ave.
`Jeannette, PA 15644
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`and
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`TORQUELIST LLC
`616 Magee Ave.
`Jeannette, PA 15644
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`JONATHAN GIBBON
`616 Magee Ave.
`Jeannette, PA 15644
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`and
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`N. ANDREW VARNEY,fl
`616 Magee Ave.
`Jeannette, PA 15644
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`v.
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`FACEBOOK,INC.
`c/o Corporation Service Company
`2595 Interstate Dr. #103
`Harrisburg, PA 17110
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`and
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`INSTAGRAM,LLC.
`c/o Corporation Service Company
`251 Little Falls Dr.
`Wilmington, DE 19808
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`08/11/202102:11PMWestmorelandCounty21C103063
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`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF
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`)))) ))
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`NATURE OFTHE ACTION
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`i.
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`This is an action seeking declaratory andinjunctive relief under the Peririsylvania
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`Constitution.
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 6 of 44
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`The U.S. Supreme Court has recognizedthat “[a] fundamental FirstAmendmentprinciple.
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`is that all persons haveaccess to places where they can speak and listen, and then, after
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`reflection, speak andlistenonce more. Today, one.ofthe most important places to exchange
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`viewsis cyberspace, particularly social media,which offers “relativelyunlimited, low-cost.
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`capacity for communicationof all kinds,” (Reno v. American Civil Liberties Union, 521
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`US. 844, 870, 117 S.Ct. 2329, 138 L.Ed.2d 874) to users engaged in a wide array of
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`protected FirstAmendmentactivity on.any numberofdiversetopics. Packingham v.. North
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`Carolina, 137 §.Ct. 1730, 1732, 198 L.Ed.2d 273.
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`Similarly, the Pennsylvania Supreme Court has noted that “[iJn this era, cyberspace. in
`general and social media in particular have become the lifeblood for the exercise of First
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`Amendment fights.” Friends of Danny DeVito v. Wolf, 227 A.3d 872, 903, cert.
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`denied, 141 §.Ct. 239, 208 L.Ed.2d 17.
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`At the same time, however, the movementfrom public squares and editorial pages to social
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`media as the primary place to exchange ideas has come with a troubling consequence.
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`Social media platforms, as private entities, have exercised the power to removeor silence
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`the voices ofmany Americans, andjustify such censorship on thebasis that because social
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`media platforms are notstate actors, they are not bound by the First Amendment.
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`Numerous commentators, including a Supreme Court Justice, recognize this trend andits
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`challengeto the nation’s tradition and protectionoffree speech and expression, Concurring
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`in Biden v. Knight First AmendmentInst., 141 8. Ct. 1220, 1224 (2021), Justice Thomas
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`wrote:
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`Today’sdigital platforms provide.avenuesforhistorically unprecedented amounts
`of speech, including speechby governmentactors. Also unprecedented, however,
`is the concentrated control ofso muchspeech in the hands of a few private parties.
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 7 of 44
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`2021,—hittps://www.latimes.com/world-nation/story/2021-01-1 5/facebook-social-media-
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`Wewill soon have no choice butto address how our legal doctrines apply to highly
`concentrated, privately ownedinformation infrastructure such asdigital platforms.
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`Evenmoretroubling, in some cases social media. companies appear to be censoring or
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`silencing certain points of view at
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`the implicit (and sometimes explicit) behest of
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`government actors. See Facebook Banned 1.3 Billion Accounts Over Three Manths to
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`Combat “Fake” and “Harmful” Content, FORBES, Mar. 22, 2021, https://www.forbes.com
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`/sites/tielissaholzbero/202 1/03/22/facebook-banned-13-billion-accounts-over-three-months-
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`to-combat-fake-and-harmful-content/?sh=1d8f8ac55215. In the United States, members of
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`both political parties have threatened regulation of, or even “closing down,” social media
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`platforms unless they allowed or disallowed certain posts. See, ¢.Z., Trump Threatens
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`https://www.cnn.com/2020/05/27/tech/trump-social-media-threat/index.html; htips://rash.
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`house.gov/media-center/press-releases/rush-leads-colleagues-in-letter-to-facebook-urging-
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`decisive-action. And, as the L.A. Times has reported,“[i]nsome countries such as Vietnam
`and India, Facebookhas deliberately ignored its own standards inorderto placatepowerful
`governments andprotectits business.” See Shashank Bengali, Facebook banned Trump
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`but has failed to react quickly to other leaders who incited violence,L.A. TIMES, Jan. 15,
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`bans-trump-capitol-rot.
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`Firearms are now, and have since the nation’s earliest days been, an importanttool and
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`symbol of American freedom.
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`While firearms have been part of America’s cultural and political fabric since colonial
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`days, efforts to regulate firearms have been the subject of passionately helddifferences
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`among Americans, and thereby receive significantpolitical attention.
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`Proponents of the right to keep andbear firearms consider it a core componentof public
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`safety and a final guarantor of liberty. Those seeking comprehensivelimits on thatnight
`express overriding concem about the ubiquity of guns in America, and.their use in. street
`crime, suicides, and mass shootings. Theyargue vociferously forlimits on guns sales and
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`possession, ranging from complete bansto regulation ofcertain types ofsales, andstricter
`backgroiind checks. As such, this national debate, particularly as it plays out onlmein
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`social media, arouses strongfeelings onall sides.
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`10.
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`Because the rightto keep and bear arms is guaranteed in the U.S. Constitution (as well as
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`the constitutions of forty-four states),’ public conversations regarding guns, regulations
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`relatingto.gunsales, or even the wisdom ofgun ownership are thus inherently political and
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`therefore constitutionally protected speech..
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`PARTIES
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`tL.
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`Plaintiff Armslist LLC (“Armslist”) is a Pennsylvania limited liability company with its
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`principal place ofbusiness in Jeannette,Pennsylvania.
`Plaintiff Torquelist LLC (“Torquelist”) is a Pennsylvania limited liability companywith
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`42,
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`its principal place ofbusiness in Jeannette, Pennsylvania.
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`13:
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`PlaintiffJonathon Gibbonis.a-resident ofJeannette, Pennsylvania, and the Chief Execufive
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`Officer and sole member of Armslist and Torquelist.
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`14.
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`PlaintiffN. Andrew Varney,III, is a resident ofPittsburgh, Pennsy!vania, and a contractor
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`to Armslist.
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`1 See, ¢.g., Pennsylvania Constitution, Article I, Section 21 “The nght ofthe citizens to bear arms
`in defense of themselves andthe State shall not be questioned.”
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`4
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 9 of 44
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`[5.
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`Defendant Facebook, Inc. is a Delaware corporation, doing business globally, with its
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`principal place ofbusinessin Menlo Park, California. Facebook maintains an office and an
`agentfor service in Pennsylvania and atall times relevantto this complaint, throughits
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`global social media platform, does business in Westmoreland County, Pennsylvania.
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`16.
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`Defendant. Instagram, LLC.
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`is a Delaware limited liability company, doing business
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`globally, with itsprincipalplaceofbusinessin Califormia Instagram’s parent mnaintains an
`office in Pennsylvania, maintains an agent. for service in Pennsylvania, and through its
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`global social. media platform does business in Westmoreland County, Pennsylvania.
`Instagram is a wholly ownedsubsidiary of Facebook.
`Instagram’s Terms of Use state,
`“The Instagram Service is one ofthe Facebook Products, provided to you by Facebook,
`Inc. These Terms of Use therefore constitute an agreement between you and Facebook,
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`Inc.” (Instagram Terms of Use, hitps://help.instagram.com/58 1066165581870, accessed
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`7-21-21).
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`JURISDICTION AND VENUE
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`7,
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`Under Pennsylvania’s long-arm. statute, Pennsylvania courts can exercise personal
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`18.
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`jurisdiction over non-residents ofthe state. See 42 Pa. Cons. Stat. Ann. § 5322(b).
`A Pennsylvania court can exercise general personal jurisdiction consistent with the
`Fourteenth Amendment when a non-resident defendant has engaged in “systematic and
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`continuous”activities in the forum state. Gorman v. Jacobs, 597 FSupp.2d 541, 546,citing
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`Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414-16, 104 S.Ct. 1868, 80
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`19.
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`L.Ed.2d 404 (1984),
`fn addition to Instagram engaging in systematic and continuous activities in Pennsylvania,
`the court can also exercise specific personal jurisdiction over Instagram. because the
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 10 of 44
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`activity at issue was purposefully directed at Armslist, Torquelist, Mr. Gibbon, and Mr.
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`Varney in Pennsylvania, and the activity complained of has heen realized in Pennsylvania.
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`20.
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`In addition to Facebook engaging in systematic and continuousactivities inPennsylvania,
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`the court can also exercise specific personaljurisdiction overFacebook becausethe activity
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`at issue was purposefullydirected at Armslist, Torquelist, Mr. Gibbon, and Mr. Vameyin
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`Pennsylvania, atid the activities complained of havebeen realized in Pennsylvania.
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`21.
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`Venueis proper in Westmoreland County under 231 Pa. Code §2179 (a) (2), (3), and (4)
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`because Facebook regularly conducts business
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`in Westmoreland County and
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`Westmoreland County is the County wherethe occurrence giving rise to this action took
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`place.
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`22,
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`Vertue is proper in Westmoreland County under 231 Pa. Code §2179 (a) (2), (3), and (4)
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`because Instagram, and its parent company Facebook, regularly conducts. business in
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`Westmoreland County and Westmoreland County is the County where the occurrence
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`giving rise to this action occurred.
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`FACTUAL BACKGROUND
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`A.
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`Armslist.com
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`23..:
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`Armslist.com is an online platform created by Armslist LLC, that allows thirdparties to
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`communicate regarding buying,selling, and trading firearms andrelated accessories.
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`24
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`_ Amnslist LLC, conducts its platform business online only; it does not have a brick-and-
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`mortar presence.
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`25,
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`Armslist LLC, does not buy,sell, or trade fireanmsitself, nor doesit receive any portion of
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`the proceeds ofany sales conductedonits platform. Rather,it simply allows platform users
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 11 of 44
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`to post their own advertisements, much like classified ads in a newspaper or similar
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`publication.
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`26.
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`Upon reaching Armslist’s website, a user 1s met with the “Terms of Use” and asked to
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`confirm that he or she is 21 years of age or older, that “Annslist is NEVER involvedin
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`transactions between parties and DOES NOTcertify, investigate, or in any way guarantee
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`the legal capacityofanypartyto transact.” Armslist.com Terms ofUse, (last accessed June
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`7, 2021) (emphases in original).
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`Armsiist.com’s Terms of Use further require visitors to its website to acknowledgethat
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`a7.
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`they are responsible for obeying all applicable federal, state, local andtribal “statutes, rules,
`regulations, judicial decisions, andall applicable Presidential Executive Orders, including
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`compliance with all applicable licensing requirements.”
`Users further agree that “using Armslist.com for any purpose contrary to any applicable
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`28.
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`federal, state, municipal or tribal laws or regulations constitutes using Armslist.com for an
`‘{llegal purpose,”” that they will not use Armslist.com for any illegal purpose, and that
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`doing so may constitute afederal crime.
`The Terms of Use also advise users who are unsure about the legality of any proposed.
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`29.
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`firearm sale or transfer to contact
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`the Bureau of Alcohol, Tobacco, Firearms and
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`Explosives, and provide phone and internet contact information for that governmental
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`authority.
`Armslist.com’s TermsofUsealso explicitly state that while “ARMSLIST ABSOLUTELY
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`30.
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`BELIEVES AND CHAMPIONS‘the right of the people to keep and bear arms,”” it will
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`“comply with federal, state, municipal, and tribal law enforcement entities pursuantto the
`Constitution of the United States and Due Process of Law.” Anmslist has made good on
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`Case 2:21-cv-01917-WSH Document 1-1 Filed 12/30/21 Page 12 of 44
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`this commitment by assisting law enforcement entities in their investigation and
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`prosecution ofillegal firearms sales.
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`Jonathan Gibbon created Armslist in 2007 after leaming that large third-party bulletin
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`31.
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`board services such as eBay andCraigslist, due in large partto political pressure, stopped
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`allowing classified advertisements for firearms.
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`32.
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`Believing strongly in theright ofcitizens to keep and bear arms, Mr. Gibbon created
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`Armslist as a classified advertisements site thatpermits the listingof firearms.
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`Armslist makes moneyby selling advertisements onits website. In addition, Armslistsells
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`33.
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`premium membership designations for users and businesses that frequently use the site.
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`Onlypremium members are permitted to post classified advertisements.
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`Facebook Creates a. Public Platform for Speech.
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`34.
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`Facebook launched in 2004 as a social media platform that allowsusers to share comments,
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`photos, videos, weblinks and other information with other Facebook users who have
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`chosen to receive such posts (“Friends”).
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`35,
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`Facebook allows businesses: to maintain “business pages,’ whereby the businesses can
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`communicate. with their customers.
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`36.
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`Facebook holds itselfout as a public forum where people and businesses canshare ideas
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`and connect with one another. For example, Facebook’s Terms ofService state:
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`Our mission is to. give people the power to build community and bring the world closer
`together. To help advance this mission, we provide the Products and services described
`below to you:
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`Provide a personalized experience for you:
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`Your experience on Facebook is unlike anyone else's: from the posts, stories,
`events, ads, and other content you see inNews Feed or our video platform to the
`Pages you followand.other features you might use, such as Trending, Marketplace,
`and search. We use the data we have - for example, about the connections you
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`make, the choices and settings you select, and what you share anddo on and offour
`Products - to personalize your experience.
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`Connect you with people and organizations you care about:
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`Wehelp you find and connect with people, groups, businesses, organizations, and
`others that matter to you across the Facebook Productsyou use. We use thedata we
`have to make suggestions for you andothers - for example, groupsto join, events
`to attend, Pages to follow or send a message to, shows to watch, and people you
`may want to become friends with. Strongerties make for better communities, and
`we believe our services are most’ useful when people are connected to people,
`groups, and organizationsthey care about.
`
`Empower you to express yourself and communicate about what matters to
`you:
`
`There are many ways fo express yourself on Facebook and to communicate with
`friends, family, and others about what matters to-you - forexample, sharing status
`updates, photos, videos, and stories across the Facebook Products you use, sending
`messages to a friend or several people, creating events or groups, or adding content
`to your profile. We have also developed, and continue to explore, new ways for
`people to use technology, such as. augmentedreality and 360 video to create and
`share more expressive and engaging content on Facebook.
`
`Help you discover content, products, and services that may interest you:
`
`Weshowyou ads, offers, and other sponsored contentto help you discover content,
`products, andservices that are offered by the many businesses and organizations
`that use Facebook and other Facebook Products. Section 2 below explains this in
`more detail.
`
`Combat harmful conduct and protect and support our community:
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`People will only build communityon Facebook if they feel safe. We employ
`dedicated teams around the world and develop advanced technical systemsto detect.
`misuse of our Products, harmful conduct towards others, and situations where we
`may be able to help support or protect our community. If we learn of content or
`conduct like this, we will take appropriate action - for example, offering help,
`removing content, removingor restricting access to certain features, disabling an
`account, or contacting law enforcement. We share data with other Facebook
`Companies when we detect misuse or harmful conduct by someone using one of
`our Products.
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`Use and develop advanced technologies te provide safe and functional services
`for everyone:
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`Weuse and develop advancedtechnologies - suchas artificial intelligence, machine
`learning systems, andaugmentedreality - so that people can use our Products safely
`regardless ofphysical ability or geographic location. For example, technology like
`this helps people who have visual impairments understand what or who is in photos
`or videos shared on Facebookor Instagram. We also build sophisticated network
`aud communication techuclogy to help more people connectto the internet in areas
`with limited access. And we develop automated systemsto improve our ability to
`detect and remove abusive and dangerous activity that may harm our community
`andthe integrity of our Products.
`
`Research ways to make our services better:
`
`We engage in research to develop, test, and improve our Products. This includes
`analyzing the data we have about our users and understanding how people use our
`Products, for example by conducting surveys andtesting and troubleshooting new
`features. Our Data Policy explains howwe use data to support this research for the
`purposes of developing and improving our services.
`
`Provide consistent and seamless experiences across the Facebook Company
`Products:
`
`Our Products help you find and connect with people; groups, businesses,
`organizations, and others that are important to you. We design our systems so that
`your experience is consistent andseamless across the different Facebook Company
`Products that you use. For example, we use data about. the people you engage with
`on Facebook to make it easier for you to connect with them on Instagram or
`Messenger, and we enable you to communicate with a business you follow on
`Facebook through Messenger.
`
`Enable global access to our services:
`To operate our global service, we need to store and. distribute content and data in
`out data centers and. systems around the world, including outside your country of
`residence. This infrastructure may be operated or controlled by Facebook, Inc.,
`Facebook Ireland Limited, or its affiliates.
`
`37,
`
`(Facebook Terms and Conditions, facebook.com/termsphp, accessed 7-12-21).
`Similarly, Facebook’s Community Standards reaffirm its commitment to. providing a
`forum for users to express themselves.
`Indeed, a subsection to the Introduction of
`
`Facebook’s Community Standards
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`carries
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`the heading: REITERATING OUR
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`COMMITMENTTOVOICE (emphasis in original).
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`38.
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`Under that heading, Facebook states that “The goal of our Community Standards has
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`always been to create a place for expression and give people a voice. This has not and will
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`not change. Building community and bringing the world closer together depends on
`
`people’s ability to share diverse views, experiences, ideas and information. We want
`
`people to be able to talk openly aboutthe: issues that matter to them, even if some may
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`disagree.or find them objectionable.”
`
`39.
`
`Facebookclaims that it maintains some guardrails:
`
`Our commitment to expression is paramount, but we recognize the internet creates new
`and increased opportunities for abuse. For these reasons, when we limit expression, we do
`it in service of one or more of the following values:
`
`We provide these services to you and others to help advance our mission.
`exchange, we need you to makethe following commitments:
`
`In
`
`Who cap use Facebook?
`
`When people standbehind their opinions and actions, our community issafer and more
`accountable. For this reason, you must:
`
`*e6e@&
`
`Use the same name that you use in everyday life.
`Provide accurate information about yourself.
`Create only one account (your own) and use your timeline for personal purposes.
`Not share your password, give access to your Facebook account to others, or transfer
`your account to anyone élse (without our permission).
`
`Wetry to make Facebook broadly available to everyone, but you cannot use Facebookif:
`You are under 13 years old.
`
`You are aconvicted sex offender.
`
`We've previously disabled your account for violations of our Termsor Policies.
`You are prohibited from receiving our products, services, or software under
`applicablelaws.
`
`Authenticity: We want to make sure the content people are seeing on Facebook is
`authentic. We believe that authenticity creates a better environmentfor sharing, and that’s
`why we don’t want people using Facebook to misrepresent who they are or what they’re
`doing.
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`Safety: We are committed to making Facebooka. safe place. Expression that threatens
`people has the potential to intimidate, exclude or silence others. and isn’t allowed on.
`Facebook.
`
`Privacy: We are committedto protecting personal privacy and information. Privacy gives
`people the freedom to be themselves, and to choose how and when to share on Facebook
`arid to connect more easily.
`
`Dignity: Webelieve thatall people areequal m dignity and rights. We expect that people
`will respect thedignity of others andnot harass or degrade others.
`
`Facebook Community
`(emphasis in original).
`
`Standards,
`
`hitps://www.facebook.com/communitystandards
`
`40. Facebook warns that the “consequences for violating our Cormrunity Standards vary
`
`depending on theseverity of the violation and the person's history on the platform. For
`instance, we may wam someonefor a first violation, but if they continue to violate our
`policies, we may restrict their ability to post on Facebook or disable their profile. We also
`may notify law enforcement when webelieve there is a genuine risk ofphysical harm or 4
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`direct threat to public safety.” Jd.
`
`Cc,
`Armslist’s, Mr. Gibbon’s, and Mr.Varney’s Useof Facebook
`41. Beginningin 2007, Armslist, Mr. Gibbon, and Mr. Varney began using Facebook to
`communicate with friends, family, and potential users of Armslist.
`
`42. Such communication sometimes took the form of direct advertising, but was more often
`geared towards customer engagement: Forexample, Armslist would post comments, links,
`videos, photos, and messagesthatit believed would appealto its current and potentialusers.
`Using Facebook as a means to exchange messages with its users and potential users, and
`allowingthose potential Armslist users to interact with the business. and Mr. Gibbon,
`
`created an affinity between Armslist and its users.
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`43.
`
`Significantly, at no time did Armslist, Mr. Gibbon, or Mr. Varney use or seek to use
`
`Facebook as a medium for the sale or exchangeoffirearms. Nordid Armslist, Mr. Gibbon,
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`or Mr. Varney arrange or seek to arrange any sale or trade of firearms by third parties
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`through Facebook’s platform. Rather, Armslist’s presence on Facebook was designed to
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`yoice its strongly held opinions on firearms andrelated issues, and to build affinity and
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`name recognition with potential Atmslist users.
`
`44,
`
`Armslist frequently posted commentary supportive of Second Amendment rights and
`
`critical of certain proposed gun control measures andthe political figures supporting these
`
`measures. In addition, many of Armslist’s posts called attention to the use of firearms in
`
`stopping and preventing crime,the:significanceoffirearms in American history and culture,
`
`and the constitutional protections relating to firearm ownership.
`
`45.
`
`These messages were expressly political, making political arguments about specific
`
`initiatives and proposals regarding firearm regulation and the political actors who support
`
`them, as well as more general statements reflecting Armslist’s conservative and libertarian
`
`attitudes towards firearms.
`
`46.
`
`Because Mr. Gibbon’s and Mr. Varney’s personal political views run towards the
`
`conservative and libertarianside of the political spectrum, both.their and Annslist’s posts
`
`often argue for conservative or libertarian political positions, particularly on issues relating
`
`to firearms. Not surprisingly, the political views of potential Armslist users generally
`
`appear similar to those held by Mr..Gibbon and Mr. Varney.
`
`47.
`
`Facebook users who do not wish to see Annslist’s posts—or personal posts from Mr.
`
`Gibbon or Mr, Varney—can easily avoid seeing them. Facebook only permits individuals
`
`who have voluntarily “friended” another person or “followed” a business page to receive
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`posts from that person or business. Further, persons who decide thatthey no longer wish to
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`see Armslist’s posts can “unfriend,” “block,” “unfollow,” or temporarily pause receiving
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`posts from Armslist or any individual. See Facebook Terms of Use and Community
`
`Standards.
`
`48.
`
`In their use of Facebook, Armslist, Mr. Gibbon, and Mr. Vamey abided by Facebook’s
`
`Terms and Conditions and adheredto Facebook’s Community Standards.
`
`Torquelist’s Use of Facebook
`
`49,
`
`Torquelist.com is an online’platform created by Torquelist, LLC,that allows third parties
`
`to communicate regarding buying,selling, and trading cars, trucks, and automotive parts
`
`andaccessories.
`
`50.
`
`Like Amnslist, Torquelist is wholly owned by Mr. Gibbon.
`
`31.
`
`Also, like Anmslist, Torquelist used Facebookstarting around 2013 to communicate with
`
`potential users of its service. Torquelist typically posted comments, links, and photos
`
`relating to automative performance,including car and truck reviews, industry news, and
`
`other items that would be ofinterest to auto enthusiasts.
`
`§2.
`
`UnlikeArmslist, however, Torquelist did not post any comments, linksor other material
`relating to fireartns, the Second Amendment, or State or Federalpolicy related to them. In.
`
`its use of Facebook, Torquelist abided by Facebook’s Terms and Conditions and adhered
`
`to Facebook’s Community Standards.
`
`Facebook Bans Armslist,Mr. Gibbon, and Mr. Varney
`
`On January 16, 2020, Facebook banned Mr. Gibbon by locking Mr. Gibbon’s personal
`
`account from all further posting,alleging nonspecific violations ofits terms and conditions.
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`Facebooklater deleted Mr. Gibbon’s personal account.
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`54.
`
`On January 17, 2020, Facebook banned Armslist by removing. Armslist’s business page,
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`alleging nonspecific. violations of its terms and conditions, thereby preventing Armslist
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`employees and contractors from posting and visitors from viewing the business page
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`content.
`
`55.
`
`Further, Facebo