[FISA court is] deciding that national security work is too important to subject to serious judicial scrutiny
I think the original author may be overlooking something. The FISA court is not a real court. It is established by Congress outside of the authorized (Article 3) judicial system, and has none of the earmarks of the judicial system. Consider:
adversary procedings
representation of parties by counsel
public trials & other procedings
penalties for perjury
published precedents
actual appellate review
Under no circumstances can FISA be expected to provide ``serious judicial scrutiny''. It is, rather, the sort of scrutiny that a mother gives her joey while it is still in the pouch.
Re: Trump? Good riddance! But "reach" may be 1st Amendment "pr
to the extent new media giants become effective monopolies, they may deserve regulation
I cannot bring myself to believe that any of the new media giants are effective monopolies. Twitter has Parler competing with it, I believe there are other social media entities, and they also face some sort of competition for their users' time and attention.
And regulation seems counterintuitive under the First Amendment. Twitter's message of disfavoring traitors who wage war, bringing revolt to the seat of government, would be diluted if they were required to also host the speech of the traitor. The Supreme Court has upheld such a right to control the associative messages. See Hurley v. Irish-American Gay, Lesbian & Bi-sexual Organization of Boston, 515 U.S. 557 (1995).
if people actually wanted to listen to him his site would be where people would be congregating
This assumes that his site provides a place for congregation, as opposed to a sort of microblog for one cheetoh. And a pretty poor sort of blog it is, with very little ability to interact. Essentially you can sign up for e-mail or you can send money.
A normal place for congregation is one where people can interact. I fault the people who implemented the wimpy website, but frankly would not expect Mr. Trump to be able to do even what is there.
Fortunately, people need not listen to him. He has nothing new or interesting to say. The inability to congregate at his web site is therefore little loss.
Re: 'It's our first amendment right to tell people to drink blea
ultimate concession when it comes to arguments, when you know you can't actually defend your speech on the merits fall back to pointing out that it's not illegal to say
Actually, that is a plausible argument. In NY Times v. Lester B. Sullivan, 376 U.S. 254 the Court observed several falsehoods in the offending ad. Id. at 259. Minor, perhaps, but still false. And they neither required nor discussed defense of the speech on its merits.
What they said was that the First Amendment needed ``breathing space''. Id. at 271. Some falsehood is inevitable.
So, in an appropriate case, an atty for the bleach-drinking advocates might well argue that, even if bleach-drinking were ultimately deemed harmful, they have a right to express their support of the practice. Is this the appropriate case? No, of course not.
This case is not a defense of hypoclorite consumption. This is an attack on someone's freedom to denounce the practice. And for that, we really do not care whether it is legal to advocate for unsound practices. We care whether Facebook can be required to provide a forum for such advocacy, and also be required to keep silent as to its own views regarding the subject.
so wrong that I had difficulty writing it up. And that was before Rubenfeld joined the defense team
Well, actually, I think that Rubenfeld is on the plaintiff's side in the case. Perhaps CHD should also be defending against a claim for criminial stupidity, but for the moment they are plaintiffs and not defendants.
teach people how they can look up the necessary details when they need them
Proably a good plan. I say that as a person whose graduate school had a subject-specific library of some three storeys, largely loaded with shelves full of books. In order to increase capacity, some of the shelves actually were on tracks so they could be moved to allow passage between particular shelves while the other shelves sat cheek-to-jowl.
Now being out of school, I work in an office. A substantial portion of that space is devoted to shelves holding a few thousands of volumes. The intent is that if I do not know something, I might go through some few of the volumes and find out.
I say “yes I did” [to amazon / iphone scam calls] and they hang up!
Personally, I like to get to the human, and invite them to come by the office tomorrow afternoon. Whereupon I will pull their heads off and relieve myself down their throats, and place their heads on spikes out front as examples to the other smelly little scammers in their fetid boiler rooms.
The credit card scammers get particular pleasure from this option if I first lead them down the path with a plausible sounding but entirely fake number. Read slowly and in a low voice, with some stumbling and back-tracking to drag it out. I had one actually ask me ``are you totally wasting my time?'' I had another get stuck in a loop repeating an unclean suggestion until I had to tell him ``Thank you for playing'' and hang up.
My offer may also include details of a discount price of $150 if fully paid in advance.
The newspaper could have simply made a public records request (S:119.07). City would no doubt refuse to produce. The Sun-Sentinel would then have gotten its legal fees as well as extra publicity for their report of intended improper spending.
the courts, who are 1/3 of the government and thus subject to 1A's restrictions, can force public officials to listen to persons with whom they don't want to associate
We are all probably dumber for having read this sad plaint.
The courts are not forcing officials to listen. Indeed, even in classic public hearings, the officials need not listen. The folks running Community Maritime Park (Pensacola) famously turned their backs on the public. My property tax notices provide ample evidence that officials are disinclined to listen.
What the courts are saying is that, if officials provide a public forum, they cannot exercise viewpoint discrimination in the operation of that forum. It is factually indistinguishable from a tax hearing where the entity would only permitt comment from those in favor of higher levies.
From the article, no reward at all was offered. Kids had developed the idea that there was a reward without reference to the lack of such. In that, they may be little better than Johnny who thinks the cape lets him fly off the garage.
No, it is not a S:230 case, you do not get it dismissed on that basis. You answer and move for summary judgment, offering the docs concerning the speed filter and affidavit that no reward had ever been offered. It follows that there was no deviation from the standard of care, and thus no negligence.
Re: Listen, you disgraceful abuser of the word “Liberal...
It’s still regulating User-Created Content and still an invasion of free speech.
The convenient thing for the bill's proponents is that Canada does not have any real guarantees of free speech. It is always subject to a balancing test. Since the test is generally done by the government, you should be able to predict how it will turn out.
Remember, the First Amendment stops when you ride over that trestle at Niagara Falls.
I am not sure I would want to be stuck with the argument that local Fox affiliates are trusted, despite the network's syndicated content and general reputation. It could well be that no sensible person would rely on information from the Baltimore affiliate, just as no sensible person would rely on Fox hosts such as Tucker Carlson.
I understand that if one hangs out with skunks, one may become odoriferous. If one hangs out with Foxes, one may become unreliable.
The rule seems stated correctly. The problem is its application to the facts of the case. The city had a cable TV station, whose operation they turned to a private actor to avoid having to air criticism.
They really have little choice. The dictator there, Modi, does not appear to be particularly tolerant of dissent. Look what happened in Kashmir, even before the pandemic.
The tag #ModiInsultsIndia does not draw much government tolerance over there. Of course, when the dictator essentially disconnects a great portion of the country from the internet and phone service, not much dissent arises to want tolerance.
To varying extents, commercials work by signalling the moral desirability of the brands they advertise
Well, I would like to think that some commercials work by explaining the virtues of their product, possibly as compared to others. ``Our floor polish lasts longer than that of Brand X'', or ``Our caffeinated beverage contains more white sugar and caffein than the Other Brand''.
And some, I think, work on the theory of positive reinforcement. ``Here is a coupon for our product'', or ``More people enjoy our well-made product''.
The ads that work for me are not so much signalling virtue of the vendors, but quality of the goods and services.
Marjorie Taylor Green, Josh Hawley...they're just the frontrunners of what 1 in 3 americans will be sending to represent them
Ah, you do not quite understand our districting procedures. That is where the politicians pick the voters who will elect them. In order to assure continuity of power, they sometimes draw some fairly strange shapes. We had one shaped like a wishbone, following the river up to Jax, then forking back down across the prairies to Hogtown, with some mighty skinny parts in there.
Thanks to modern gerrymandering technology, we anticipate that far more than 1 in 3 will have GOP representatives. A large portion of the non-GOP voters are concentrated into some odd-shaped districts so that the rest of the districts lean at least slightly GOP.
Here in Florida, we have perfected this in such a way as to have a nice, efficient one-party state, like our neighbor Cuba to the south. We have a GOP legislature (two houses), a GOP executive, and GOP courts. In many cases, the Dems do not even bother running a candidate, or just send up a sacrifice to make a show. All this despite the GOP actually not being particularly popular here, if one goes by voter registrations.
More than 1 in 3 of Florida's congressional representation will be these guys, even if fewer than 1 in 3 of Florida's voters are these guys.
Do we really expect there to be any financial injury from the thuggery? No, it does not appear to enhance revenues, as Riot does not have a competing product, but at the same time I do not see Riot paying anything.
The presumption is that their customers continue to be customers, and pretty much at the same rate unaffected by the thuggery. If we had evidence of customers staying away in droves attributable to thuggery, the result would be different.
Any prosecutor using these cops (David Colt Black, Travis Worley) as witnesses ought to be required to disclose the fact that on at least one occasion they have been caught falsifying reports and testifying untruthfully.
As further information, an investigation by the Polk County Sheriff (Grady Judd) found no wrong-doing by the cops. Act surprised.
The thing that makes this different is that twitter has the option of simply closing their offices in India and ceasing to pay taxes there. Due to the pervasive nature of the internet, their services can be hosted elsewhere and yet still accessible in India, even if twitter has neither employees nor tax liabilities there.
On the post: FISA Court Says FBI May Be Abusing Surveillance Powers; Will Continue To Allow It To Abuse Surveillance Powers
I think the original author may be overlooking something. The FISA court is not a real court. It is established by Congress outside of the authorized (Article 3) judicial system, and has none of the earmarks of the judicial system. Consider:
Under no circumstances can FISA be expected to provide ``serious judicial scrutiny''. It is, rather, the sort of scrutiny that a mother gives her joey while it is still in the pouch.
On the post: The Flopping Of Trump's Blog Proves That It's Not Free Speech He's Upset About; But Free Reach
Re: Trump? Good riddance! But "reach" may be 1st Amendment "pr
I cannot bring myself to believe that any of the new media giants are effective monopolies. Twitter has Parler competing with it, I believe there are other social media entities, and they also face some sort of competition for their users' time and attention.
And regulation seems counterintuitive under the First Amendment. Twitter's message of disfavoring traitors who wage war, bringing revolt to the seat of government, would be diluted if they were required to also host the speech of the traitor. The Supreme Court has upheld such a right to control the associative messages. See Hurley v. Irish-American Gay, Lesbian & Bi-sexual Organization of Boston, 515 U.S. 557 (1995).
On the post: The Flopping Of Trump's Blog Proves That It's Not Free Speech He's Upset About; But Free Reach
Re: Re:
This assumes that his site provides a place for congregation, as opposed to a sort of microblog for one cheetoh. And a pretty poor sort of blog it is, with very little ability to interact. Essentially you can sign up for e-mail or you can send money.
A normal place for congregation is one where people can interact. I fault the people who implemented the wimpy website, but frankly would not expect Mr. Trump to be able to do even what is there.
Fortunately, people need not listen to him. He has nothing new or interesting to say. The inability to congregate at his web site is therefore little loss.
On the post: Disgraced Yale Law Professor Now Defending Anti-Vaxxers In Court With His Nonsense Section 230 Ideas
Re: 'It's our first amendment right to tell people to drink blea
Actually, that is a plausible argument. In NY Times v. Lester B. Sullivan, 376 U.S. 254 the Court observed several falsehoods in the offending ad. Id. at 259. Minor, perhaps, but still false. And they neither required nor discussed defense of the speech on its merits.
What they said was that the First Amendment needed ``breathing space''. Id. at 271. Some falsehood is inevitable.
So, in an appropriate case, an atty for the bleach-drinking advocates might well argue that, even if bleach-drinking were ultimately deemed harmful, they have a right to express their support of the practice. Is this the appropriate case? No, of course not.
This case is not a defense of hypoclorite consumption. This is an attack on someone's freedom to denounce the practice. And for that, we really do not care whether it is legal to advocate for unsound practices. We care whether Facebook can be required to provide a forum for such advocacy, and also be required to keep silent as to its own views regarding the subject.
On the post: Disgraced Yale Law Professor Now Defending Anti-Vaxxers In Court With His Nonsense Section 230 Ideas
A Funny Kind of Defense
Well, actually, I think that Rubenfeld is on the plaintiff's side in the case. Perhaps CHD should also be defending against a claim for criminial stupidity, but for the moment they are plaintiffs and not defendants.
On the post: Dartmouth's Insane Paranoia Over 'Cheating' Leads To Ridiculous Surveillance Scandal
Out Here in the Real World
Proably a good plan. I say that as a person whose graduate school had a subject-specific library of some three storeys, largely loaded with shelves full of books. In order to increase capacity, some of the shelves actually were on tracks so they could be moved to allow passage between particular shelves while the other shelves sat cheek-to-jowl.
Now being out of school, I work in an office. A substantial portion of that space is devoted to shelves holding a few thousands of volumes. The intent is that if I do not know something, I might go through some few of the volumes and find out.
On the post: Groups Worry New Text Message Spam Filters Aren't Being Built Transparently, Could Harm Legit Outreach Efforts
Re: Re: Re: Re:
Personally, I like to get to the human, and invite them to come by the office tomorrow afternoon. Whereupon I will pull their heads off and relieve myself down their throats, and place their heads on spikes out front as examples to the other smelly little scammers in their fetid boiler rooms.
The credit card scammers get particular pleasure from this option if I first lead them down the path with a plausible sounding but entirely fake number. Read slowly and in a low voice, with some stumbling and back-tracking to drag it out. I had one actually ask me ``are you totally wasting my time?'' I had another get stuck in a loop repeating an unclean suggestion until I had to tell him ``Thank you for playing'' and hang up.
My offer may also include details of a discount price of $150 if fully paid in advance.
On the post: Thanks To Section 230, I Can Correct Wired's Portrayal Of My Section 230 Advocacy
Re:
Agreed, though my guess is that the conditional will be met.
On the post: Florida City Officials Spend $50,000 To Find Out Who Gave Journalists A Public Record
Could Have Been Worse
The newspaper could have simply made a public records request (S:119.07). City would no doubt refuse to produce. The Sun-Sentinel would then have gotten its legal fees as well as extra publicity for their report of intended improper spending.
On the post: Texas Attorney General Unblocks Twitter Users Who Sued Him; Still Blocking Others
Re:
We are all probably dumber for having read this sad plaint.
The courts are not forcing officials to listen. Indeed, even in classic public hearings, the officials need not listen. The folks running Community Maritime Park (Pensacola) famously turned their backs on the public. My property tax notices provide ample evidence that officials are disinclined to listen.
What the courts are saying is that, if officials provide a public forum, they cannot exercise viewpoint discrimination in the operation of that forum. It is factually indistinguishable from a tax hearing where the entity would only permitt comment from those in favor of higher levies.
On the post: Appeals Court Says Families Of Car Crash Victims Can Continue To Sue Snapchat Over Its 'Speed Filter'
Re:
From the article, no reward at all was offered. Kids had developed the idea that there was a reward without reference to the lack of such. In that, they may be little better than Johnny who thinks the cape lets him fly off the garage.
No, it is not a S:230 case, you do not get it dismissed on that basis. You answer and move for summary judgment, offering the docs concerning the speed filter and affidavit that no reward had ever been offered. It follows that there was no deviation from the standard of care, and thus no negligence.
On the post: Minister Behind Canada's Social Media Bill Now Says It Will Regulate User Generated Content
Re: Listen, you disgraceful abuser of the word “Liberal...
The convenient thing for the bill's proponents is that Canada does not have any real guarantees of free speech. It is always subject to a balancing test. Since the test is generally done by the government, you should be able to predict how it will turn out.
Remember, the First Amendment stops when you ride over that trestle at Niagara Falls.
On the post: Baltimore Prosecutor Asks FCC To Go After Local News Broadcasters She Doesn't Like
Re: Fox News ≠ local Fox affiliates
I am not sure I would want to be stuck with the argument that local Fox affiliates are trusted, despite the network's syndicated content and general reputation. It could well be that no sensible person would rely on information from the Baltimore affiliate, just as no sensible person would rely on Fox hosts such as Tucker Carlson.
I understand that if one hangs out with skunks, one may become odoriferous. If one hangs out with Foxes, one may become unreliable.
On the post: Thanks To Section 230, I Can Correct Wired's Portrayal Of My Section 230 Advocacy
Re:
The rule seems stated correctly. The problem is its application to the facts of the case. The city had a cable TV station, whose operation they turned to a private actor to avoid having to air criticism.
On the post: Oversight Board Tells Facebook It Needs To Shape Up And Be More Careful About Silencing Minorities Seeking To Criticize The Powerful
Re: Re: Not surprised
They really have little choice. The dictator there, Modi, does not appear to be particularly tolerant of dissent. Look what happened in Kashmir, even before the pandemic.
The tag #ModiInsultsIndia does not draw much government tolerance over there. Of course, when the dictator essentially disconnects a great portion of the country from the internet and phone service, not much dissent arises to want tolerance.
On the post: Senator Marco Rubio: Speech I Disagree With Is Pollution
Re: Re: [how advertising works]
Well, I would like to think that some commercials work by explaining the virtues of their product, possibly as compared to others. ``Our floor polish lasts longer than that of Brand X'', or ``Our caffeinated beverage contains more white sugar and caffein than the Other Brand''.
And some, I think, work on the theory of positive reinforcement. ``Here is a coupon for our product'', or ``More people enjoy our well-made product''.
The ads that work for me are not so much signalling virtue of the vendors, but quality of the goods and services.
On the post: Rep. Lauren Boebert Decides To Streisand Parody Site Making Fun Of Her, Threatens To Take Legal Action Against It
Re: Re:
Ah, you do not quite understand our districting procedures. That is where the politicians pick the voters who will elect them. In order to assure continuity of power, they sometimes draw some fairly strange shapes. We had one shaped like a wishbone, following the river up to Jax, then forking back down across the prairies to Hogtown, with some mighty skinny parts in there.
Thanks to modern gerrymandering technology, we anticipate that far more than 1 in 3 will have GOP representatives. A large portion of the non-GOP voters are concentrated into some odd-shaped districts so that the rest of the districts lean at least slightly GOP.
Here in Florida, we have perfected this in such a way as to have a nice, efficient one-party state, like our neighbor Cuba to the south. We have a GOP legislature (two houses), a GOP executive, and GOP courts. In many cases, the Dems do not even bother running a candidate, or just send up a sacrifice to make a show. All this despite the GOP actually not being particularly popular here, if one goes by voter registrations.
More than 1 in 3 of Florida's congressional representation will be these guys, even if fewer than 1 in 3 of Florida's voters are these guys.
On the post: Riot Shuts Down LoL Fan Server After Getting All Wiseguy With Its Developers
Re: Mob tactics, stay classy Riot games
Do we really expect there to be any financial injury from the thuggery? No, it does not appear to enhance revenues, as Riot does not have a competing product, but at the same time I do not see Riot paying anything.
The presumption is that their customers continue to be customers, and pretty much at the same rate unaffected by the thuggery. If we had evidence of customers staying away in droves attributable to thuggery, the result would be different.
On the post: Cop's Lies About A Traffic Stop Are Exposed By A Home Security Camera Located Across The Street
Brady Evidence
Any prosecutor using these cops (David Colt Black, Travis Worley) as witnesses ought to be required to disclose the fact that on at least one occasion they have been caught falsifying reports and testifying untruthfully.
As further information, an investigation by the Polk County Sheriff (Grady Judd) found no wrong-doing by the cops. Act surprised.
On the post: Months After Indian Gov't Threatens To Jail Twitter Employees, Twitter Now Blocking Tweets That Criticize The Indian Government
Re: Re:
The thing that makes this different is that twitter has the option of simply closing their offices in India and ceasing to pay taxes there. Due to the pervasive nature of the internet, their services can be hosted elsewhere and yet still accessible in India, even if twitter has neither employees nor tax liabilities there.
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