Legal Question in Civil Rights Law in Iowa

I was a regular user of a website which allows users to provide help and support to other users via chat rooms. This is the sole purpose of this website. Each chat room has at least one "moderator" in it, sometimes more than one. I am unsure if the moderators are paid for their services, but they do affirm they represent the website and are "selectively" chosen via an unknown method. Essentially they are present to ensure the rules are being adhered to.

Recently I was participating in chat and offered some information regarding a medical issue to another user which I found via Google. In no way was I giving "medical advice." A moderator then banned me temporarily stating I was not allowed to give such information. When someone is banned from chat, that user's IP address and other personal information gets posted in the chat room. I appealed the ban based on a violation of free speech, but was denied. After I was allowed back into the chat room, the same moderator began verbally harassing me in chat. This included statements regarding my "illegal" activity of giving "medical advice" and so forth. I was then subsequently banned permanently, again my personal information was posted in chat when banned. I was advised the permanent ban was due to my previous appeal, specifically regarding statements, not threats, I made in the appeal about contacting the website's owner about the behavior of this moderator.

I want to pursue action against the website and/or this person, given this person has identified themselves as a "representative" of the website. This would be on the grounds of publicly stating in writing that I was participating in criminal activity (giving medical advice), violation of free speech, harassment, and the posting of my IP and personal information publicly.

Is it possible to sue the website and/or moderator under these circumstances? I have the chat logs and emails to support my claims.


Asked on 8/10/14, 12:43 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

You haven't told me who this moderator is or where the website is located. You thus have a problem with jurisdiction and service, even if you can identify the responsible parties. In addition you have not identified how you have been damaged. As I understand it it is a private website, and you have to post subject to their rules or regulations. All I see here is that you've been banned from a website.

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Answered on 8/10/14, 10:24 am


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