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
\U0001f6a8BREAKING: Trump files new federal court lawsuit in Wisconsin challenging the results of the election.https://t.co/LfKb2PUIkq
— Marc E. Elias (@marceelias) December 3, 2020
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.
OK, #squidigation fans. This is a new Wisconsin case not filed by the Krake[n/d] team of Powell and Wood and NOT focusing on wild conspiracy theories. It's a competent and professional filing that raises things that would be real issues ... if you don't understand why they aren't https://t.co/ETvUiWV5du
— Akiva Cohen (@AkivaMCohen) December 1, 2020
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.
Every one of these Trump election suits is the same gobbledygook garbage barge:
— Liz Dye (@5DollarFeminist) December 3, 2020
FRAUD!
It coulda happened.
Well, no, we can't prove it.
But just to be safe, best let the gerrymandered legislature give us all the electoral votes!https://t.co/Z926668H05 pic.twitter.com/xGZsJKIO7Y
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
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
More from Government
Cannon
44
....heard around the world
NG - High Alert https://t.co/lfeSiUCCRB
\U0001f4a5 BOOM \U0001f4a5
— R\u0113d.P\u012bll.Ph\u0101rm\u0101c\u012bst (@Red_Pill_Pharma) January 18, 2021
30 secs in - what do I hear?
\u2018Peaceful transition to military power\u2019
\U0001f1fa\U0001f1f8 MILITARY IS THE ONLY WAY \U0001f1fa\U0001f1f8 pic.twitter.com/9NPMT7N7Qy
We Will Never Forget
44
Stage is set
https://t.co/h6G3LCevII
The stage is set. Staged.
— JeLove (@LovesTheLight) November 7, 2020
Where? (the) Delaware.
10:44
Purple
First graphic in 98https://t.co/PKHlxp0rzS pic.twitter.com/XCx6pVQTHx
Following the 44 trail of breadrumbs
https://t.co/PcX0uKUEUW
Boom, Boom, Boom pic.twitter.com/ZcZXAgL0Qf
— JeLove (@LovesTheLight) August 13, 2020
CJI: our intention is to see if we can bring about an amicable resolution to the problem. That is why we asked you why don't you put the #FarmBills on hold. You want time for negotiation. If there is some sense of responsibility showing that you will not implement the laws
— Bar & Bench (@barandbench) January 11, 2021
So a committee of 'wise men/women' selected by the SC will stand in judgement over the law passed by
CJI: .....then we can form a committee with ICAR members to look into this. Till then you can continue to put the law on hold. Why will you insist on continuing the law anyhow
— Bar & Bench (@barandbench) January 11, 2021
Here is the thing - a law can be stayed based on usual methods, it can be held unconstitutional based on violation of the Constitution. There is no shortcut to this based on the say so of even a large number of people, merely because they are loud.
AG Venugopal: none of the petitions point to any provision of three farm acts stating that it is unconstitutional
— Bar & Bench (@barandbench) January 11, 2021
CJI: we are not declaring it unconstitutional
AG: laws cannot be stayed. This is drastic
Tomorrow can all the income tax payers also gather up at whichever maidan and ask for repealing the income tax law? It hurts us and we can protest quite loudly.
How can a law be stayed or over-turned based on the nuisance value of the protestors? It is anarchy to allow that.