Comment on Court Fetishizes Facebook’s TOS Statement That It Takes “Appropriate” Content Moderation Actions–Calise v. Meta by Pamela Chestek

Faerber saw an ad for a car swap in Facebook Marketplace (a Mazda Miata for a Toyota MR2). First, did Facebook PROMISE to take these actions, or did it reserve its right to do so? Second, focus for a moment on the language “take appropriate action.” Is that statement a promise or the equivalent of puffery? Was that initial block sufficiently “appropriate,” or did Facebook need to do more (and what would that be?). The court says that Facebook’s declaration of who is bound by the TOS is ambiguous, but the “promises” are unambiguous.