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Saved by @CodyyyGardner

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.

 Here's the decision. Some highlights follow

https://t.co/u8GypCeRT4
Pretty sure I said this, using slightly different words!
Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be
You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
OOOOOOOOOF level: Infinity. Achievement unlocked
Seriously, a court saying "this band of merry fuckwits got this wrong for many more reasons than I can cover so I'll just pick the top FOUR" is not something that you ever want to see
Just going to pause here to remember that the Court did this without opposition briefing (since no opponent was served nobody responded) because these problems were so glaring
YOU ARE SPECIFICALLY ASKING TO BE DISENFRANCHISED
Not only are you the wrong plaintiffs, but, unfortunately, you neglected to provide the Court with the necessary time-travel machine
That first highlighting is the politest version of "what the ever-loving fuck were you guys smoking to think that this was a thing" that I can remember seeing, ever, and I love it.
"must also pause at" is entering my personal litigation toolbox, thanks
There is no rule that requires the court to quote a party's briefing in the order; those "Sic" notations are just twists of the knife.

Because the substantive argument was loony tunes
ahahahahaha
This judge gets it. As I said, this suit was a political stunt, and the Court is correct not to let itself get used for that.

Note: the grievance committee can issue discipline ranging from "take some CLEs" all the way through "you can no longer practice in DC Federal Court"
And that's it.

Seriously, this ruling was chicken soup for the ethical litigator's soul. Very much needed

More from Akiva Cohen

Akiva Cohen
Akiva Cohen
@AkivaMCohen
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

Forget, for a moment, that this law, if it passed would immediately be deemed void as preempted by Section 230 (Federal law is supreme over state law where they conflict, and this would create an express conflict). This bill is a really good example of why this stuff is hard

Here's the key provision of the bill. The various highlighting on these versions shows areas we'll touch on


First of all, let's look at the last of those images. There's no question that this would target conduct immune under federal law - and, in fact, if 230 were repealed nobody could ever be liable under this law (since it only reaches immune conduct). So it's incredibly stupid.


But again, put that aside. Let's look at the substance.

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"?
GOVERNMENT
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Goddamn it, Texas, I don't have time for this today.

Fine. Fine. A brief thread. (Yesterday I said I'd do a brief thread on the Michigan decision and finished an hour and a half later. Can't let this be that, today).

OK. Texas filed a motion for leave to file a complaint against PA, GA, MI and WI in the Supreme Court. Someone else can lawsplain to you how that works, or you can google the highlighted rules, but briefly, this is a thing they can theoretically do


There is a MASSIVE contradiction at the heart of this complaint, and its doomed for other reasons, too (standing, laches, abstention)

They have three theories for why they can sue:
1) Violation of the Electors Clause of the Constitution ("the Constitution gives state legislatures exclusive control of the manner of selecting electors and judicial action can't change it)
2) "Counties applied different rules"


And 3) "you didn't have as strict voter ID requirements as we'd like, and that's unconstitutional for reasons"

That's it. That's the case
POLITICS
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
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
JUDGE
Akiva Cohen
Akiva Cohen
@AkivaMCohen
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
BUSINESS
Akiva Cohen
Akiva Cohen
@AkivaMCohen
OK, #Squidigation fans, I think we need to talk about the new Wisconsin suit Donald Trump filed - personally - in Federal Court last night. The suit is (as usual) meritless. But it's meritless in new and disturbing ways. This thread will be


Not, I hope, Seth Abramson long. But will see.

I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃

First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.


If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)

Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.
TRUMP

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3 December 2020 #MAGAanalysis #RedoTheElection

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The sleeping giant of America sleeps no more. We have awakened. We're nothing more than the same Common Sense Americans we were in 1776. We're feisty. Independent and self-sufficient. Hard working.
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Dani\xeblle Stotijn
Daniëlle Stotijn
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If it doesn,t make sense...
something else is going on.....

#xrp
#xrpcommmunity

Expand your thinking

This thread is updated and can be approached from multiple perspectives.
That is how big Platform 2020 is
#TheGreatAwakeningWorldwide

Connect the dotes
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Emily\u2661
Emily♡
@ItsEmilyKaty
To the person who thinks that they might be autistic. - a thread. /1

I imagine you have gone your entire life wondering why you are different, why you can't seem to understand things the way that others can and why everything just seems so hard. I'm proud of you for getting this far. /2

Part of you might be thinking:
"But if I was autistic, surely it would've been noticed when I was a kid? So maybe I'm making this up."
So many autistic people aren't diagnosed until they are adults, if diagnosed at all. You would not be the first and you won't be the last. /3

"My family and friends don't think that I could be autistic."
People's understandings of autism tend to be based off of the media, which doesn't show every possible presentation of autism, or based off of someone they know, and all autistic people present differently. /4

People's perceptions of autism can also be based off stereotypes, for example, "autistic people can't make eye contact, so you can't be autistic." While this is true for some, it isn't for all, so you can begin to see how one presentation of autism can't possibly fit everyone. /5
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Dirk Auer
Dirk Auer
@AuerDirk
This response to my tweet is a common objection to targeted advertising.

@KevinCoates correct me if I'm wrong, but basic point seems to be that banning targeted ads will lower platform profits, but will mostly be beneficial for consumers.

Some counterpoints 👇


1) This assumes that consumers prefer contextual ads to targeted ones.

This does not seem self-evident to me


Research also finds that firms choose between ad. targeting vs. obtrusiveness 👇

If true, the right question is not whether consumers prefer contextual ads to targeted ones. But whether they prefer *more* contextual ads vs *fewer* targeted

2) True, many inframarginal platforms might simply shift to contextual ads.

But some might already be almost indifferent between direct & indirect monetization.

Hard to imagine that *none* of them will respond to reduced ad revenue with actual fees.

3) Policy debate seems to be moving from:

"Consumers are insufficiently informed to decide how they share their data."

To

"No one in their right mind would agree to highly targeted ads (e.g., those that mix data from multiple sources)."

IMO the latter statement is incorrect.
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GAVNet
GAVNet
@GAValueNetwork
Daily Bookmarks to GAVNet 02/13/2021

Claudia Sahm on Twitter and ThreadReader

https://t.co/UNH4NEks6h

https://t.co/kFdktm5eeu

#UnemploymentBenefits #EconomicRecovery #StimulusChecks #PandemicResponse
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Here's some details... Read on.

...it took me another 5 minutes to get qualified for options.

If I share a sign up I get "free shares" and I can share as much as I want up to 500$ worth.

The main UI has a prepopulated "list" of stocks/crypto to watch and links to news.


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Notice options is first, buy second.

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1) Core attributes of a promising founder worth following:
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- How well they lead a team &
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- Most impressed when someone is way ahead of where you thought they would be when you check up/see them a few months later.

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We can easily pivot and vastly change a project of ours. We can change as we learn more about our users.

Big companies can take months/years for even the smallest of pivots.

3) Before you find a product market you can pivot your project as many times as necessary until you find something that works.

Then you only have one thing to do: scale, scale, scale.

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Spent a quaint half hour in a cafe listening to a guy yell at his dad after his dad said that the women Trump molested wanted it: "Dad, that's like saying the Jews who died in the Holocaust were asking for it!" ENJOY YOUR TERRIBLE FAMILIES THIS WEEK!

"Mom, has a man ever touched you without your consent?"
"Of course."
"Did you report it?"
"No."
"Dad, your WIFE has been through this!"

Dad was unmoved and told the guy to stop arguing with him.

At this point we learned the boy child has allergies.

I forgot to remark upon the presence of the very cute grandson, who was very small and gave not one shit about the yelling. I believe a sister or aunt was present and feeling very stressed. I wanted to hand her a Xanax or seven.

It was really hard to not jump in and say, "Sounds like you guys are going to have a fun meal tomorrow!" so they could unite in hatred against me, the outsider, and stop squabbling. Instead I exchanged glances with a nearby fellow lady patron, who also emotionally ate a cookie.

Anyway, I want to thank the random family for yelling about rape and the Holocaust in an Israeli cafe in the US of A today because it reminded me that while this country isn't the greatest, it is inevitably my stupid favorite and I am never, ever bored.
SOCIETY