The Illinois lawsuit alleges that in failing to remove the hate speech after being repeatedly asked to do so, AOL breached its own terms of service. Chicago resident Saad Noah is seeking damages and a court order that would require AOL to enforce the rules in its terms of service which forbid members from sending messages which offend community standards.
The lawsuit also refers to the US Civil Rights Act of 1964, which prevents any discrimination within public accommodations.
AOL spokesman Andrew Weinstein told news agency Associated Press that the lawsuit was “totally without merit… We have zero tolerance for hate speech on this service… When a complaint is brought to our attention, our staff reviews it, and can take action ranging from reprimand to cancellation of service”.