Let's talk about this North Dakota attempt to legislate around Section 230 and create a civil right of action for users censored by social media sites. CC @mmasnick
First of all, who gets to decide whether content fits into these highlighted categories? Do they actually think that the government will get to decide what counts as "otherwise objectionable"?
Also, what's "excessively violent"? "Violent" has a potential objective meaning, but
And, again, not one that the government gets to make for private citizens, under the First Amendment
In other words, this law would create liability only if social media sites banned users for content THE SITE ITSELF was fine with
More from Akiva Cohen
Looks like we need to spend some time talking about the Parler lolsuit against Amazon and why it's deader than a Mitch McConnell comedy special. They've brought three claims - antitrust, breach of contract, and tortious interference. None will survive. Here's why
Here's the meat of their intro: Amazon isn't being fair to us. They're holding us to a higher standard than Twitter - they say we allow violent content, but look what Twitter does!
There are a few problems with this approach. First, there's a factual problem: Twitter and Parler take very different approaches to moderation. Hell, *that's Parler's entire pitch.* So "we're the same as Twitter, why are you treating us different" isn't going to fly
ALSO, the hashtag was mostly people saying "these folks are calling to hang Mike
And ALSO also, did anyone notice any prominent right wingers complaining about losing tens of thousands of followers yesterday? You know why they did? Because Twitter has been active in deleting accounts that violate its TOS
Here's the meat of their intro: Amazon isn't being fair to us. They're holding us to a higher standard than Twitter - they say we allow violent content, but look what Twitter does!
There are a few problems with this approach. First, there's a factual problem: Twitter and Parler take very different approaches to moderation. Hell, *that's Parler's entire pitch.* So "we're the same as Twitter, why are you treating us different" isn't going to fly
ALSO, the hashtag was mostly people saying "these folks are calling to hang Mike
Five minutes of scrolling a search for #hangmikepence, a gallery: pic.twitter.com/40hsyJNK50
— Jawafawa (@jawafawa) January 11, 2021
And ALSO also, did anyone notice any prominent right wingers complaining about losing tens of thousands of followers yesterday? You know why they did? Because Twitter has been active in deleting accounts that violate its TOS
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
More from Government
1.
Act of 1871
This is VERY Long but it will end with a MEGA BOOM!
Bookmark it and read it in small bits to digest it all.
This info, comes from some reputable anons and my own digging, compiled together as a superthread!
InevitableET, IPOT... to name a few.
2.
https://t.co/udep5WEYUp
https://t.co/bnzeQek6zv
3.
The TL; DR version is they, by military force, and illegitimate legislature, amended the constitution against the will of The People and legally tricked us into becoming unwitting indentured slaves of human capital and resources to THE UNITED STATES OF AMERICA the corporation)
4.
Republic vs Democracy
-They needed to get away from the Republic and create a Democracy in order to drive us towards socialism and inevitably a dictatorship (National Socialist Party aka NAZI)
5.
Flag
Act of 1871
This is VERY Long but it will end with a MEGA BOOM!
Bookmark it and read it in small bits to digest it all.
This info, comes from some reputable anons and my own digging, compiled together as a superthread!
InevitableET, IPOT... to name a few.
2.
https://t.co/udep5WEYUp
https://t.co/bnzeQek6zv
3.
The TL; DR version is they, by military force, and illegitimate legislature, amended the constitution against the will of The People and legally tricked us into becoming unwitting indentured slaves of human capital and resources to THE UNITED STATES OF AMERICA the corporation)
4.
Republic vs Democracy
-They needed to get away from the Republic and create a Democracy in order to drive us towards socialism and inevitably a dictatorship (National Socialist Party aka NAZI)
5.
Flag
They shouldn't be.
The pattern is:
GOP in power - GOP dictates policy
Dems in power - GOP dictates policy
The Dems shouldn't legislate toward the GOP.
The GOP doesn't represent its constituents.
The GOP can push it's agenda on its own time.
If Dems push an agenda that actually helps people, it'll also actually help the GOP constituency.
The GOP won't. So give them nothing.
The Dems should ignore the GOP just like the GOP ignores the Dems.
Make them pay for every moment of obstruction.
Just a hard press on legislation that is unassailable and shine a light on the GOP.
Constant. Relentless. Unyielding.
Shut them out and shut them down.
The GOP is not a legitimate political party. It is an anti-democratic, fascist criminal syndicate with no interest whatsoever in governance.
Nobody should give them the slightest bit of credit or legitimacy ever again.
Not a fucking ounce.
Nobody should engage them in legitimate debate in Congress.
They should be pariahs and treated as unserious occupants of Congress.
Because these people were totally ok with their colleagues being killed in furtherance of the destruction of the insitution.
The pattern is:
GOP in power - GOP dictates policy
Dems in power - GOP dictates policy
Soooooooo what\u2019s the problem. The statement I responded to read as it they haven\u2019t been trying to work together.. but they have so..?
— Othello (@BurberryKid11) February 2, 2021
The Dems shouldn't legislate toward the GOP.
The GOP doesn't represent its constituents.
The GOP can push it's agenda on its own time.
If Dems push an agenda that actually helps people, it'll also actually help the GOP constituency.
The GOP won't. So give them nothing.
The Dems should ignore the GOP just like the GOP ignores the Dems.
Make them pay for every moment of obstruction.
Just a hard press on legislation that is unassailable and shine a light on the GOP.
Constant. Relentless. Unyielding.
Shut them out and shut them down.
The GOP is not a legitimate political party. It is an anti-democratic, fascist criminal syndicate with no interest whatsoever in governance.
Nobody should give them the slightest bit of credit or legitimacy ever again.
Not a fucking ounce.
Nobody should engage them in legitimate debate in Congress.
They should be pariahs and treated as unserious occupants of Congress.
Because these people were totally ok with their colleagues being killed in furtherance of the destruction of the insitution.
You May Also Like
First update to https://t.co/lDdqjtKTZL since the challenge ended – Medium links!! Go add your Medium profile now 👀📝 (thanks @diannamallen for the suggestion 😁)
Just added Telegram links to https://t.co/lDdqjtKTZL too! Now you can provide a nice easy way for people to message you :)
Less than 1 hour since I started adding stuff to https://t.co/lDdqjtKTZL again, and profile pages are now responsive!!! 🥳 Check it out -> https://t.co/fVkEL4fu0L
Accounts page is now also responsive!! 📱✨
💪 I managed to make the whole site responsive in about an hour. On my roadmap I had it down as 4-5 hours!!! 🤘🤠🤘
Just added Telegram links to https://t.co/lDdqjtKTZL too! Now you can provide a nice easy way for people to message you :)
Less than 1 hour since I started adding stuff to https://t.co/lDdqjtKTZL again, and profile pages are now responsive!!! 🥳 Check it out -> https://t.co/fVkEL4fu0L
Accounts page is now also responsive!! 📱✨
💪 I managed to make the whole site responsive in about an hour. On my roadmap I had it down as 4-5 hours!!! 🤘🤠🤘