effectively the modern public square that shouldn’t have moderation practices
Such a view is not well taken.
The ``classic'' public square had moderation practices. While any goof could bring a soap-box upon which to orate, the public very effectively moderated. Williams Jennings Bryan drew huge crowds interested in hearing about the basis for currency, such that he traveled from town to town in a private car and spoke from the rear platform.
Contrast: A guy in the vaguely yellowish pants and obviously unwashed shirt, ranting about how there is a satanic ring of child molesters operating out of a pizza parlor basement, and how the election was stolen, and perhaps even how the Jewish space laser affects all this, draws fewer people. By which, I mean that people avoid that area of the public square. He speaks to a very small crowd, perhaps a few local party executive committee bosses and aspiring bosses, not a crowd of ten thousand.
This is effectively moderation, where people are choosing and avoiding speakers.
In modern times, I can go to Parler, or Twitter, or Facebook, or 4Chan, or donaldjtrump.com, or even techdirt, all as I will. I choose the section of the electronic public square where I will hear the orators. Maybe I do not hear much from the odoriferous gent with the interesting theories, but that is my choice. The guy is speaking freely there in his part of the electronic public square, and surely enjoys his audience of proud boys and Illinois nazis. I am in my part of the square, occasionally downvoting the proud boys and Illinois nazis who pop up here.
don't want a search engine designed by Ohio's Attorney General
You and pretty much everyone in Pennsylvania and Indiana prefer non-Ohio-oriented search results. The same is probably true of California residents.
From the perspective of someone who has offered internet hosted services in a previous life, I see this as a possible interstate commerce problem. It may also be that Ohio is too business-hostile to support a Google presence in that state.
From a lack of offices in Ohio I would expect a lack of state taxes to follow.
Google favors its own products over others isn't a common carriage issue
It might be, if Google were a common carrier. It would not, however, be fatal to Google's case.
Historically railroads charged less if you rode in their coaches (which typically carried 48 or 52 seats), rather than the third-party Pullman cars (standard 10/6 carries 22 people). This was reasonable since they could carry a lot more people in the coaches, and they were typically lighter than the Pullman cars to boot.
Google may be able to argue that they have better access to index their own products, making it in some electronic sense cheaper to collect and display own results.
All of which only kicks in if, in fact, Google can somehow be contorted into the position of a common carrier. So far I do not see it happening, unless the Ohio courts are even more stacked by their governor than ours have been through decades of one-party rule.
I think it might be better phrased as ``answering questions'' and displaying advertisements. Delivery sounds more like a common carrier function, where it is handed search results (or boxcars) and delivers them impartially to the browser (or siding) of the intended recipient.
The service is not ``delivery'', but rather the provision of search results.
We like to think so, at any rate. That is why we have those ``ghost flights'' and secret prisons on foreign soil. The intent is to be able to say, ``we do not do that here'', and mean it.
Don't expect discount oil changers to know how to do work on a new Bentley
I don't. But I do expect a discount oil changer to know how to put it up on the lift, pull the plug, drain the oil, and replace the old filter. It may be that there are specialized systems in the Bentley that require factory information, but I expect that in a good quality machine, most of the parts are going to be comprehensible to someone skilled in the field.
The firmware lock-out from Deere damages their buyers and ultimately their reputation. At one time, people said ``Nothing runs like a Deere.'' Now, it is ``Nothing limps to the repair shop like a Deere.''
I'm aware of no authority that defines any specific level of melanin that makes someone black
Varies from state to state, but generally ranges from 1/8 to 1/32; it is less important now because Jim Crow is at least nominally no longer in effect.
As an easy test in the Dolezal case, you might check and see if both parents were ``white''. So, if, for instance, in 2015 she acknowledged that she was "born white to white parents", that might help you evaluate her claims.
If it's really a valid complaint then they should be able to find at least one case that's still good law with a set of facts close enough to theirs
Such a rule would prevent novel or new issues and really rank older decisions from being litigated. Pace v. Alabama, 106 U.S. 583, would still be the law, the appeals leading to the decision thereof being sanctionable. And of course the Lovings' [Loving v. Virginia, 388 U.S. 1] attorney and the McLaughlins' [McLaughlin v. Florida, 153 So.2d 1, rev'd, 379 U.S. 184] attorney would likely have been subject to sanction under your rule.
At least you would not have to share public facilities with uppity darker-complected persons, such as Homer Plessy. It should also be noted that Scott v. Sandford, 60 U.S. 393, has not been overturned, though there are some cases suggesting that the central language of that case may no longer be good law. Would that be enough to avoid sanctions under your proposed rule? It probably depends on the judge.
maybe we should remind them that no matter how much is donated to them we can still vote them out.
Actually, no. With modern redistricting technology, the pols select their voters, rather than the old-fashioned way where the voters selected their pols.
For state-wide races, it generally comes down to the pols selecting their corporate sponsors, who provide the funding to keep the sponsored pols in position. No one is going to walk from Pensacola to Key West today; if you tried, you would surely be run over.
influential organization without mention of the fact that they have wasted over 100 Billion
That is influential, even perhaps leadership. Other entities now also waste large sums of money. Even governments do that now. But someone has to show the way.
Re: Re: Re: Re: You Wish Government Could Do It Too
It's just stupid people. And that includes anyone who supports this bill.
Based on the ``Disney'' exception, it may very well be that the legislature are not all stupid. They may simply be coin-operated. There has been a large flashing virtual Livendco sign over the members' entrance to the new capitol at least since it opened.
Yes or no: Should the government have the absolute right to make your instance host offensive-yet-legally protected speech that you don’t want hosted on/associated with your instance?
Well, this is a complicated question.
From a Fifth Amendment takings perspective, obviously, the answer is in the negative. It would be taking some of my property, virtual or real, and I would be entitled to compensation. Even then, Kelo notwithstanding, in many states, there would have to be a public purpose to the requirement that my property be taken to host offensive speech.
On the other hand, from a First Amendment speech perspective, clearly, the answer is in the negative. Requiring me to publish offensive material is contrary to the standard understanding of freedom of the press.
There is still the First Amendment associational perspective. There, the answer would be in the negative because I cannot be required to associate with obnoxious twits, and forcing me to permit them to mingle with my preferred group on my property would be contrary to freedom of association.
So it is not a simple yes/no question. There are options as to how you look at it. It might be better viewed as a no/hell_no/no_way question. None of this is intended to suggest that Ron DeSantis is not a goof, of course.
defending it means suing those who might be infringing on it
For such an argument to work, there needs to be infringement. The names are dissimilar, and the styles in which they are shown are dissimilar, and the promotion is showing them side by side for comparision. Not even a ``moron in a hurry'' is going to be confused.
Why are the techies at Tech Dirt not aware of this fact [should use hand-counted paper ballots]
We are aware of it. Every so often, someone remembers back to 2000, when Union County [Lake Butler] had hand-counted their ballots and gone to bed by midnight, only to wake up for the next couple of weeks to news that Volusia was still trying to get theirs counted, and out-of-state Republican interference had been brought in to make it, ahem, challenging to count the ballots in So Fla.
The solution, of course, was for the state to mandate that everyone, including Union, go with machine counting in the future.
The problem with hand-counting is that it requires
reasonably sized precincts
people who can count past 10 without taking shoes off
and sometimes those are hard to come by. Here, we try to combine darker-complected voters into huge precincts in order that the long queues discourage potential voters, and that makes hand-counting difficult.
Yes, technically, there is a race-neutral reason for the large precincts. Efficiency. It is important that we not appear to be doing these things with rce-based motivations.
Does anyone remember the Prevention of Terrorism Act? Under that, at least once the government arrested its own (BBC) reporters for reporting on the other side during the Troubles.
In the States, England is remembered at least somewhat vaguely as having been an oppressive remote ruling power. There was a disposal of tea leaves and, later on, some armed conflict. There was also another armed conflict during the early 1800s, from which we still sing celebrating the British fleetness of foot.
Hog farms in eastern NC generate enough waste to create a problem. They get seriously worried when hurricanes threaten because the ``lagoons'' may overflow or have their contents pushed out into waterways.
A little bit of manure is fertilizer. A great lot of it is a smelly problem. And in waterways, it is the precursor to algae blooms and fish kills.
I remember back in 1968, the Chicago PD went crazy trying to stomp out demonstrations during a political convention. They called it ``law and order''. The political conventioneers encouraged it.
In the proud Chicago tradition, the rioting cops were not prosecuted. The protesters were. The trial courts pretty well beclowned themselves. Mayor Daley denied that there was any problem with the cops.
Fifty-some years later, the Chicago PD is still running amok. The state's attys are still not prosecuting the officers. And Mayor Lightfoot is still proudly denying that there is a problem.
Need you ask where the police union was during all these decades?
On the post: Conservatives Want Common Carriage. They're Not Going to Like It.
the modern public square
Such a view is not well taken.
The ``classic'' public square had moderation practices. While any goof could bring a soap-box upon which to orate, the public very effectively moderated. Williams Jennings Bryan drew huge crowds interested in hearing about the basis for currency, such that he traveled from town to town in a private car and spoke from the rear platform.
Contrast: A guy in the vaguely yellowish pants and obviously unwashed shirt, ranting about how there is a satanic ring of child molesters operating out of a pizza parlor basement, and how the election was stolen, and perhaps even how the Jewish space laser affects all this, draws fewer people. By which, I mean that people avoid that area of the public square. He speaks to a very small crowd, perhaps a few local party executive committee bosses and aspiring bosses, not a crowd of ten thousand.
This is effectively moderation, where people are choosing and avoiding speakers.
In modern times, I can go to Parler, or Twitter, or Facebook, or 4Chan, or donaldjtrump.com, or even techdirt, all as I will. I choose the section of the electronic public square where I will hear the orators. Maybe I do not hear much from the odoriferous gent with the interesting theories, but that is my choice. The guy is speaking freely there in his part of the electronic public square, and surely enjoys his audience of proud boys and Illinois nazis. I am in my part of the square, occasionally downvoting the proud boys and Illinois nazis who pop up here.
On the post: Ohio Files Bizarre And Nonsensical Lawsuit Against Google, Claiming It's A Common Carrier; But What Does That Even Mean?
You and pretty much everyone in Pennsylvania and Indiana prefer non-Ohio-oriented search results. The same is probably true of California residents.
From the perspective of someone who has offered internet hosted services in a previous life, I see this as a possible interstate commerce problem. It may also be that Ohio is too business-hostile to support a Google presence in that state.
From a lack of offices in Ohio I would expect a lack of state taxes to follow.
On the post: Ohio Files Bizarre And Nonsensical Lawsuit Against Google, Claiming It's A Common Carrier; But What Does That Even Mean?
It might be, if Google were a common carrier. It would not, however, be fatal to Google's case.
Historically railroads charged less if you rode in their coaches (which typically carried 48 or 52 seats), rather than the third-party Pullman cars (standard 10/6 carries 22 people). This was reasonable since they could carry a lot more people in the coaches, and they were typically lighter than the Pullman cars to boot.
Google may be able to argue that they have better access to index their own products, making it in some electronic sense cheaper to collect and display own results.
All of which only kicks in if, in fact, Google can somehow be contorted into the position of a common carrier. So far I do not see it happening, unless the Ohio courts are even more stacked by their governor than ours have been through decades of one-party rule.
On the post: Ohio Files Bizarre And Nonsensical Lawsuit Against Google, Claiming It's A Common Carrier; But What Does That Even Mean?
better description
I think it might be better phrased as ``answering questions'' and displaying advertisements. Delivery sounds more like a common carrier function, where it is handed search results (or boxcars) and delivers them impartially to the browser (or siding) of the intended recipient.
The service is not ``delivery'', but rather the provision of search results.
On the post: Following DC Circuit Ruling In Public Records Case, New Request Demands Senate Intel Committee Reveal Full CIA Torture Report
Re: Re: [moving beyond]
We like to think so, at any rate. That is why we have those ``ghost flights'' and secret prisons on foreign soil. The intent is to be able to say, ``we do not do that here'', and mean it.
On the post: Florida Man Signs Blatantly Corrupt And Unconstitutional Social Media Bill, Cementing Florida As Tech Laughing Stock
Re: Re: Re:
I can say ``no way'' in court.
On the post: Obnoxious Repair Monopolies Keep Turning Farmers Into Activists
Re:
I don't. But I do expect a discount oil changer to know how to put it up on the lift, pull the plug, drain the oil, and replace the old filter. It may be that there are specialized systems in the Bentley that require factory information, but I expect that in a good quality machine, most of the parts are going to be comprehensible to someone skilled in the field.
The firmware lock-out from Deere damages their buyers and ultimately their reputation. At one time, people said ``Nothing runs like a Deere.'' Now, it is ``Nothing limps to the repair shop like a Deere.''
On the post: Rachel Dolezal's Copyright Follies: Sues CBS For Copyright Infringement In Case That Won't End Well
Re:
Varies from state to state, but generally ranges from 1/8 to 1/32; it is less important now because Jim Crow is at least nominally no longer in effect.
As an easy test in the Dolezal case, you might check and see if both parents were ``white''. So, if, for instance, in 2015 she acknowledged that she was "born white to white parents", that might help you evaluate her claims.
On the post: High School Teacher's Copyright Suit Against Netflix Gets Dismissed Because Coincidence Isn't Protectable
Re:
Such a rule would prevent novel or new issues and really rank older decisions from being litigated. Pace v. Alabama, 106 U.S. 583, would still be the law, the appeals leading to the decision thereof being sanctionable. And of course the Lovings' [Loving v. Virginia, 388 U.S. 1] attorney and the McLaughlins' [McLaughlin v. Florida, 153 So.2d 1, rev'd, 379 U.S. 184] attorney would likely have been subject to sanction under your rule.
At least you would not have to share public facilities with uppity darker-complected persons, such as Homer Plessy. It should also be noted that Scott v. Sandford, 60 U.S. 393, has not been overturned, though there are some cases suggesting that the central language of that case may no longer be good law. Would that be enough to avoid sanctions under your proposed rule? It probably depends on the judge.
On the post: First Legal Challenge To Florida's Unconstitutional Social Media Moderation Law Has Been Filed
Says New Jersey.
More correctly, Florida made a mistake in allowing so many out-of-state visitors and transplants. There, NJ, I fixed that for you.
On the post: Washington State Has Sued A Patent Troll For Violating Consumer Protection Laws
Re:
Actually, no. With modern redistricting technology, the pols select their voters, rather than the old-fashioned way where the voters selected their pols.
For state-wide races, it generally comes down to the pols selecting their corporate sponsors, who provide the funding to keep the sponsored pols in position. No one is going to walk from Pensacola to Key West today; if you tried, you would surely be run over.
On the post: Florida Man Signs Blatantly Corrupt And Unconstitutional Social Media Bill, Cementing Florida As Tech Laughing Stock
Re:
You make it sound as though that is a bad thing.
On the post: Time Magazine Lauds Clearview AI Despite Its Sketchy Facial Recognition Tech
Re: Time Magazine
That is influential, even perhaps leadership. Other entities now also waste large sums of money. Even governments do that now. But someone has to show the way.
On the post: Florida Man Signs Blatantly Corrupt And Unconstitutional Social Media Bill, Cementing Florida As Tech Laughing Stock
Re: Re: Re: Re: You Wish Government Could Do It Too
Based on the ``Disney'' exception, it may very well be that the legislature are not all stupid. They may simply be coin-operated. There has been a large flashing virtual Livendco sign over the members' entrance to the new capitol at least since it opened.
On the post: Florida Man Signs Blatantly Corrupt And Unconstitutional Social Media Bill, Cementing Florida As Tech Laughing Stock
Re:
Well, this is a complicated question.
From a Fifth Amendment takings perspective, obviously, the answer is in the negative. It would be taking some of my property, virtual or real, and I would be entitled to compensation. Even then, Kelo notwithstanding, in many states, there would have to be a public purpose to the requirement that my property be taken to host offensive speech.
On the other hand, from a First Amendment speech perspective, clearly, the answer is in the negative. Requiring me to publish offensive material is contrary to the standard understanding of freedom of the press.
There is still the First Amendment associational perspective. There, the answer would be in the negative because I cannot be required to associate with obnoxious twits, and forcing me to permit them to mingle with my preferred group on my property would be contrary to freedom of association.
So it is not a simple yes/no question. There are options as to how you look at it. It might be better viewed as a no/hell_no/no_way question. None of this is intended to suggest that Ron DeSantis is not a goof, of course.
On the post: Milwaukee Sewerage District Threatens Menards Over Fertilizer Sales
Re:
For such an argument to work, there needs to be infringement. The names are dissimilar, and the styles in which they are shown are dissimilar, and the promotion is showing them side by side for comparision. Not even a ``moron in a hurry'' is going to be confused.
Next time, try not to be silly.
On the post: Arizona County's Voting Machines Rendered Unusable By OAN-Financed Vote Auditors
We are aware of it. Every so often, someone remembers back to 2000, when Union County [Lake Butler] had hand-counted their ballots and gone to bed by midnight, only to wake up for the next couple of weeks to news that Volusia was still trying to get theirs counted, and out-of-state Republican interference had been brought in to make it, ahem, challenging to count the ballots in So Fla.
The solution, of course, was for the state to mandate that everyone, including Union, go with machine counting in the future.
The problem with hand-counting is that it requires
and sometimes those are hard to come by. Here, we try to combine darker-complected voters into huge precincts in order that the long queues discourage potential voters, and that makes hand-counting difficult.
Yes, technically, there is a race-neutral reason for the large precincts. Efficiency. It is important that we not appear to be doing these things with rce-based motivations.
On the post: UK Now Calling Its 'Online Harms Bill' The 'Online Safety Bill' But A Simple Name Change Won't Fix Its Myriad Problems
UK Not Exactly a Bastion of Freedom
Does anyone remember the Prevention of Terrorism Act? Under that, at least once the government arrested its own (BBC) reporters for reporting on the other side during the Troubles.
In the States, England is remembered at least somewhat vaguely as having been an oppressive remote ruling power. There was a disposal of tea leaves and, later on, some armed conflict. There was also another armed conflict during the early 1800s, from which we still sing celebrating the British fleetness of foot.
On the post: DOJ Sent A Grand Jury Subpoena To Twitter Demanding The Unmasking Of A Twitter User Being Sued By Devin Nunes
Re: Re: Umm.
Hog farms in eastern NC generate enough waste to create a problem. They get seriously worried when hurricanes threaten because the ``lagoons'' may overflow or have their contents pushed out into waterways.
A little bit of manure is fertilizer. A great lot of it is a smelly problem. And in waterways, it is the precursor to algae blooms and fish kills.
On the post: Chicago PD Oversight Says Officers Racked Up 100 Misconduct Allegations During A Single Wrong Address Raid
Not Much Change Happening
I remember back in 1968, the Chicago PD went crazy trying to stomp out demonstrations during a political convention. They called it ``law and order''. The political conventioneers encouraged it.
In the proud Chicago tradition, the rioting cops were not prosecuted. The protesters were. The trial courts pretty well beclowned themselves. Mayor Daley denied that there was any problem with the cops.
Fifty-some years later, the Chicago PD is still running amok. The state's attys are still not prosecuting the officers. And Mayor Lightfoot is still proudly denying that there is a problem.
Need you ask where the police union was during all these decades?
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