On June 14th, Twitter suspended the @MythInformedMKE twitter account with 85,000 followers. We feel that this suspension is an ideologically biased attack on an account that Twitter feels is off-narrative and therefore problematic.
Twitter emailed us that they received a complaint about a tweet showing a video that contained a copyrighted photo was a violation of terms of service. We assert that the video in question clearly falls under the fair use doctrine and isn't subject to this DMCA claim.
The video in question showed a man-on-the-street interview of Pride-Parade goers and their attitudes towards current events. He asks the question "There was one instance earlier this year where Desmond [The Child Trans superstar Desmond is Amazing] danced at a gay night club in New York and they had dollar bills getting thrown at him. Do you think throwing dollar bills at him is kinda reminiscent of what people do in strip clubs? Do you think there is any danger in having kids dance for a group of adult men?"
During this video the creator shows a picture of Desmond in a Guardian Newspaper article which detailed the controversy to provide context for the viewers.
Wendy Lou Napoles, trans activist and mother of Desmond claims this video is meant to target her child. She also claims we are using her child's likeness unfairly. Here's what she said in her complaint:
Photographs of my child in makeup and costumes. This is my original copyrighted work that I produced and/or work I legally own the copyright to. I did not give this person permission to use the copyrighted work or works I own the copyright to. These copyrighted works are not available for public domain use, commercial use, or to be licensed nor is this person using the copyrighted work for fair use purposes. Additionally, I did not sign a release for them to use the likeness of my minor child nor has my minor child the ability to give consent to their using their image online for their intended purpose. Collecting information on minors violates child privacy. I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Her claim that we are "Collecting information on minors" is absurd. The tweet we posted did not mention Desmond at all, rather the tweet called into question whether it was moral to have kind in general taking part in obvious displays of sexuality. We didn't name Desmond not did we call for anyone to contact him Desmond or the mother.
In addition, she doesn't understand the concept of fair-use at all.
We assert that our tweet and video showing people talking in a public place about current events falls clearly under fair use. We feel that the suspension of our account is unwarranted and presumably because twitter's ideological bias is the primary reason for the account ban. We feel the weak DMCA claim is simply a convenient reason for Twitter to justify the banning of an account whose content is off-narrative and therefore problematic.
We have retained the services of esteemed attorney Ronald Coleman who believes Twitter is in violation of their own ToS by suspending our account and we have retained him to help us reinstate our account.
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