A man who describes himself as a former homosexual is suing the online video platform Vimeo for closing his account after he posted videos of his Christian testimony.
Vimeo bans users from promoting “gay-conversion therapy,” or efforts to change sexual orientation.
On Monday, U.S. Magistrate Judge Stewart Aaron in Manhattan reserved a decision on a motion to dismiss the case brought by James Domen, who is now a pastor, and his California-based non-profit Church United, reported Courthouse News.
Domen alleges Vimeo shut down his account in bad faith after finding several uploads that referenced him as a “former homosexual” among a library of 89 videos.
His lawyer, Robert Tyler, argued there are dozens of videos related to sexual-orientation change efforts on Vimeo, but Domen’s were removed because he identifies as a “former homosexual.”
Michael Cheah, an attorney representing Vimeo, argued the platform makes editorial decisions about its content, meaning it’s an “active publisher” rather than a “passive conduit,” as Domen contends.
He argued the First Amendment and Section 230 of the Communications Decency Act protect Vimeo’s right to restrict certain content.Videos promoting “Sexual Orientation Change Efforts” are barred but Vimeo under the umbrella company’s prohibition of “hateful, harassing, defamatory, and discriminatory content.”
A number of states, under pressure from homosexual activists, have banned such “change efforts.”
LifeSiteNews reported the videos featured Domen and others who contend such change is possible with the right help.
Vimeo puts them in the category of efforts to “harass, incite hatred, or include discriminatory or defamatory speech.”
The report said Vimeo previously threatened Pure Passion Ministries over similar content.
