In re Summary Ban of BelugaWhaleMan9 2023 SDSC 6

In re Summary Ban of BelugaWhaleMan9 [2023] SDSC 6

Date of judgment	16th May 2023
Justices	Chief Justice Heath Justice Yummy Turtle Justice Mythrows
Held	Beluga’s ban for selling SimDemocracy merchandise for a fundraiser was unconstitutional
Ruling	3-0
Applicable precedent	Creating merchandise of SimDemocracy is not a violation of the laws of SimDemocracy or the Discord Terms of Service, [2] Making a fundraiser or suggesting merchandise is not a violation either, [3]

MAJORITY OPINION by Chief Justice Heath

(with Justice Yummy Turtle and Mythrows agreeing)

Introduction

[1] This case arose after Beluga was banned from SimDemocracy by a former Discord Supervisor.

Facts

[2] Beluga is banned from SimDemocracy due to trying to make the Pakistan relief fundraiser into an expansion campaign for SimDemocracy, including the creation of SimDemocracy merchandise.

[3] Making a fundraiser about yourself or suggesting merchandise is not listed anywhere to be against the laws of SimDemocracy or Discord Terms of Service.

Discussion

[4] If there is no proof that Beluga violated SimDemocracy law or Discord Terms of Service then he should not be banned. These are the most basic guidelines for every SimDemocracy case and are not negotiable.

[5] Being banned without due process is a violation of Beluga’s rights.

Conclusion

[6] Beluga did not violate SimDemocracy law or Discord Terms of Service and shall be unbanned.

Citations

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