For those not familiar with Sony’s Playstation 3 Network, think Second Life meets video games. Sony’s Playstation 3 Network’s homepage describes the service as a “3D social gaming community that allows PLAYSTATION®3 users to meet, chat, plan, and launch into games together.”
The Defendant brought a motion to dismiss for failure to state facts sufficient to state a First Amendment claim. Estavillo, 1-2. The Court agreed.
Failing to State a Plausible First Amendment Claim
The First Amendment right to free speech prohibits the Federal and state governments from limiting speech, not private actors. Estavillo, 3.
Sony’s Playstation 3 Network is solely a private forum for a commercial product. Estavillo, 5-6. While Sony’s Network is highly interactive, the Network is not part of the Federal or any state government, nor does it provide anything similar governmental functions. Estavillo, 6.
The Plaintiff did not state any plausible First Amendment arguments, as there was no government action infringing on any First Amendment rights, but a private forum.
Bow Tie Thoughts
Josh Gilliland is a California attorney who focuses his practice on eDiscovery. Josh is the co-creator of The Legal Geeks, which has made the ABA Journal Top Blawg 100 Blawg from 2013 to 2016, the Web 100 from 2017 to 2018, and was nominated for Best Podcast for the 2015 Geekie Awards. Josh has presented at legal conferences and comic book conventions across the United States. He also ties a mean bow tie.