Estavallo argues that a ban from the PlayStation Network goes against his First Amendment rights. "The plaintiff was exercising his First Amendment Rights to Freedom of Speech in the game's public forum when he was banned from, not only [Resistance], but also banned from playing all other games online via the PlayStation Network," a court document retrieved by GamePolitics reveals. This, in turn, has caused "pain and suffering" because the PS3 is "the only way the plaintiff can truly socialize since he also suffers from Agoraphobia."
Estavallo is asking for $55,000 in punitive damages and demands Sony no longer implement bans of any sort. He alleges that "PlayStation 3 is the only system that incorporates this type of wide-ranged ban. As where Nintendo does not ban customers at all. And Microsoft Xbox rarely bans."