https://t.co/u8GypCeRT4
The judge in this case has now issued an absolutely brutal smackdown that you'll enjoy reading. It comes complete with a well-earned threat of sanctions.
Folks, this is the single dumbest election lawsuit of the entire cycle, and I've read kraken filings front to back. https://t.co/PLHTf7HhbM
— Akiva Cohen (@AkivaMCohen) December 22, 2020
Because the substantive argument was loony tunes
More from Akiva Cohen
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
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
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How do I know they have NDAs, if they can't talk legally about them? Because they trusted me with their secrets... after I said something. That's how they knew I was safe.
And if the environment at the org was toxic or abusive, it is not uncommon to not realize the extent of that toxicity/abuse until after you're out. But by the time you realize that you signed under duress and presumed good faith where none existed, you're out of options.
— Lauren Thoman (@LaurenThoman) February 16, 2021
Some of the people who have reached out to me privately have been sitting with the pain of what happened to them and the regret that they signed for YEARS. But at the time, it didn't seem like they had any other option BUT to sign.
I do not blame *anyone* for signing an NDA, especially when it's attached to a financial lifeline. When you feel like your family's wellbeing is at stake, you'll do anything -- even sign away your own voice -- to provide for them. That's not a "choice"; that's survival.
And yes, many of the people whose stories I now know were pressured into signing an NDA by my husband's ex-employer. Some of whom I *never* would have guessed. People I thought "left well." Turns out, they've just been *very* good at abiding by the terms of their NDA.
(And others who have reached out had similar experiences with other Christian orgs. Turns out abuse, and the use of NDAs to cover up that abuse, is rampant in a LOT of places.)
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Beautifully read: why bookselfies are all over Instagram https://t.co/pBQA3JY0xm
— Guardian Books (@GuardianBooks) October 30, 2018
THEY DO READ THEM, YOU JUDGY, RACOON-PICKED TRASH BIN
If you come for Bookstagram, i will fight you.
In appreciation, here are some of my favourite bookstagrams of my books: (photos by lit_nerd37, mybookacademy, bookswrotemystory, and scorpio_books)