Q: I sell belt buckles that depict the Confederate flag. I pay Ebay a monthly fee for an Ebay Store in addition to final value fees of 10% on each sale. Ebay removed my listings that contain the Flag and they have now sent me the following Email. They are censoring me as an independent business owner. They have no business sticking their noses into my business and telling me what I can or cannot sell.
Subject: Your selling privileges have been temporarily restricted: Discrimination in a Listing
Hello … After reviewing your eBay account, it appears that you have violated eBay’s Discrimination in a Listing policy. As a result, we’ve taken the following actions on your account:– Selling privileges have been temporarily restricted. You won’t be able to list new items for 3 days. You’re also not allowed to register a new account during this time.– Item listings have been removed. A list of removed items is available further down in this email.– Any fees for listings ended early because of this violation will not be credited to your account. Listings that promote or endorse discrimination against any individuals or groups aren’t allowed on eBay. To learn more about our offensive-materials policy, go to:http://ift.tt/1cpXA4s
Ebay has made a decision to no longer permit Confederate battle flag listings. Likewise, items designed with the pattern of the battle flag as the central theme are also prohibited. We believe the image of the flag itself has become a contemporary symbol of divisiveness and racism. This is not a reflection or judgement on anyone selling the item and we respect that there are a wide variety of opinions on this issue.
We thank you for your understanding and ask you to please not list these kinds of items. During this restriction, you can still:– Send email– Obtain shipping addresses– Leave Feedback– Perform other administrative tasks Please be sure to manage any current listings and to complete any open transactions.
After 3 days, your account will no longer be restricted. However, keep in mind that any additional violations of this policy could result in the suspension of your account. Once eBay suspends an account, the member no longer has any account access. In addition, all active listings are canceled, and members who placed bids on those listings are notified. …. We appreciate your understanding. “
A: From your inquiry, I understand that you are concerned about eBay restricting what you post for sale on the website. Generally speaking, because eBay is not a government entity, it can remove content that it feels is inappropriate and does not need your consent to do so.
You may want to review e-Bay’s offensive-materials policy, as well as the Terms & Conditions for posting on the website, which may provide you with further guidance. After reviewing those policies and terms, if you still feel that your content is being removed and/or your account shut down unjustifiably, you may want to bring it to eBay’s attention.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.