Re: 'Honestly the dog is usually much more well trained...'
if that means a drug dealer gets away this time then that'll certainly suck
Actually, it is a benefit to society. The fewer of them we have to pay to imprison, the lower our tax burden for feeding them. Also, as more of them avoid prison, the price comes down due to lessened risk, reducing the need for knock-on crimes which support expensive drug habits.
Re: Re: Re: 'Honestly the dog is usually much more well trained.
The 20 year undeclared war in Afghanistan is being called "America's Longest War" all over the news
Some people cannot do math. We have been at war in Korea since 1950, and there is no sign that it is going to end in the next few weeks Shooting heats up and cools down, but the war continues in its seventh decade. Calling the debacle in Afghanistan ``longest'' seems a bit of an exaggeration.
Undoubtedly, social media is “the modern public square.” [pg 4, citing Packingham v. North Carolina, 137 S. Ct. 1730, 1737 (2017)]
From this we can conclude that all these comments on Techdirt, not being part of ``social media'', are not part of the debate in the public square. I guess we can all go home now.
Of course, once we do that, we run into the problem that my lawn is not a forum in which you have the right to be heard. You have the right to leave my lawn, buy the house across the street, and put up a sign denouncing me for being a mean person who does not allow you to speak.
All of this, including my arbitrary and capricious decision not to allow you on my lawn, is protected by the US First Amendment and US Fifth Amendment. That is where the state goes wrong, in fact.
The state fails to distinguish between a town full of lawns, where the city does not get to choose which candidates' signs may be displayed, and the individual lawns whose respective owners have complete choice as to whose signs will be shown.
there was a program set up to catch phrases such as “young girl” anything that referred to a minor child and to not post it on the site
In other words, the site was trying to prevent illegal sex trafficking.
For such a heinous offense, they should be punished. From your narrative, I conclude that it would be pointless to seek the actual traffickers, whose business the site rejected.
driven to their occupation by severe economic inequities in our society
Alas, many of us are in such a position. It is not merely sex workers who might prefer a life of leisure. Many of us are forced to work in order to be furnished with food, housing, and the rest.
If you are not forced to work, then you should take the time and try to find a better source of support for your views than a Dwork like MacKinnon.
Chalk is cheap and effective, at least outside of the US 6th Circuit. It has been used for years, requires little training, and the technology is fairly well understood.
If the matter is contested, the meter maid can explain the process used and the court can easily gauge its reliability.
until the 2019 decision, chalking tires was not in fact a 4th amendment violation
Outside of the US 6th Circuit, it is still not determined to be a violation. I can see different circuits reaching different results.
Different cities may also offer different arguments. Ultimately it is hard to see it as a search. It may be a de minimus trespass to chattels, but even that may be questionable if the chalk washes off in the next rainstorm.
In the US 6th Circuit, there are some possible tradeoffs. Give the meter maid a portable Automatic License Plate Reader, and as she passes the cars it records the plate numbers. Two hours later, when she passes by again, the ALPR beeps as it recognizes a plate it had seen before. This does not account for the car moving, even from in front of one store to another down the street, but chalked tires might line up in the same position so that is not fool-proof either.
Given that our overtime parking tickets run about $9, it is generally not worth fighting them. Your milage will surely vary.
In the US 6th Circuit, the ALPR might allow faster passage by the meter maid: she covers more distance because there is no need to stop and chalk tires. Again, your milage will surely vary.
White supremacy in the Republican Party is about the same level as Black supremacy in the Democrat party
Perhaps. But I do not see the head of the Democratic party praising race supremacists, or telling us of neo-nazi rallies that there are fine people on both sides.
Not exactly settling. Parties set up the evidence and the legal memos, ask the judge to try the case on the paper. Each side provides proposed final judgment, but only one has reasonable support. Ideally, each side would review other's proposed FJ to agree as to form.
Judge signs proposed FJ for the party with facts and law.
Texas literally just passed a law basically doing the same thing
Texas is behind the curve. In Florida, we not only had SB 2021-7072 enacted, but the law was already found unconstitutional. So Texas is going to have to do something big if it wants to catch up.
And Brazil? They are obviously in the minor leagues.
All of that very real anger felt by very real fans of GTA and all directed towards Take-Two is going to have some impact on the public's willingness to keep buying Take-Two games.
going to get worse and worse as various laws around the world demand that "bad" information be removed quickly
Only if one maintains offices in those places around the world. Generally the US is relatively safe for most of this stuff.
If the video sharing service closes offices in India, it is no longer within the reach of Indian laws, even if it no longer has the opportunity to pay taxes to New Dehli. I suppose they could mail a check. Likewise for Brazil, Russia, Red China, Australia, and so many others of which we have read here in Techdirt.
Note that some services cannot be safely had from US vendors. For instance DNS service ought to be purchased abroad, lest the US govt decide to seize or transfer your domain for saying disapproved things.
Reporting can be criticism as well if it's not objectively neutral
Even if it is objectively neutral, it can constitute criticism. Simply setting forth the numbers on my property tax notices is criticism of our profligate officials.
the restrictions of your home jurisdiction follow you
Not generally. Federal things may follow because of the reach into international commerce, but state laws tend to stop at borders. And, within states, more local laws stop at their borders: a person who lives in a dry county is free to purchase and consume spirituous beverage in the next county over. Me may even be able to bring home a bottle.
hoping to get sued and then take the case to court
They could be clever, and have a tame plaintiff sue them. They defend on the ground that the statute is unconstitutional, tame plaintiff confesses error, and there is case law against the viability of the statute.
Not really. What was an amendment in the U.S. Constitution was actually embedded in the Confederate Constitution: freedom of speech was deemed a core value.
Sure, these core values were mainly for white property owning males.
I believe that, while there may be ``very fine people on both sides'', the general intent is to foster white supremacy and ``aryan'' purity. Obviously non-whites ought not vote; we see that being worked on in several states in the name of election security.
The law didn’t cause the problem. The extreme overreaction by the officers did.
The law was an essential element of the problem. Cops could not arrest for violation of the law were the law not in place. And with qualified immunity, the failure of the actual fact pattern to conform with the law is unlikely to produce consequences for the cops.
Again, remember, this is Dade we are talking about.
On the post: Officer Claims Sheriff's Office Told Him To Play Copyrighted Music To Shut Down Citizens' Recordings
Re:
OK, I will. Robert Jordan v. City of New London, 2000 "U.S. Lexis" 22195 (US 2d Cir. 23-Aug-2000).
On the post: Forfeiture Case Shows Cops Don't Even Need Drug Dogs To Alert To Engage In A Warrantless Search
Re: 'Honestly the dog is usually much more well trained...'
Actually, it is a benefit to society. The fewer of them we have to pay to imprison, the lower our tax burden for feeding them. Also, as more of them avoid prison, the price comes down due to lessened risk, reducing the need for knock-on crimes which support expensive drug habits.
On the post: Forfeiture Case Shows Cops Don't Even Need Drug Dogs To Alert To Engage In A Warrantless Search
Re: Re: Re: 'Honestly the dog is usually much more well trained.
Some people cannot do math. We have been at war in Korea since 1950, and there is no sign that it is going to end in the next few weeks Shooting heats up and cools down, but the war continues in its seventh decade. Calling the debacle in Afghanistan ``longest'' seems a bit of an exaggeration.
On the post: Florida Presents Its Laughable Appeal For Its Unconstitutional Social Media Content Moderation Law
Just So Folks Know
The state's initial brief lets us know that
From this we can conclude that all these comments on Techdirt, not being part of ``social media'', are not part of the debate in the public square. I guess we can all go home now.
Of course, once we do that, we run into the problem that my lawn is not a forum in which you have the right to be heard. You have the right to leave my lawn, buy the house across the street, and put up a sign denouncing me for being a mean person who does not allow you to speak.
All of this, including my arbitrary and capricious decision not to allow you on my lawn, is protected by the US First Amendment and US Fifth Amendment. That is where the state goes wrong, in fact.
The state fails to distinguish between a town full of lawns, where the city does not get to choose which candidates' signs may be displayed, and the individual lawns whose respective owners have complete choice as to whose signs will be shown.
On the post: Backpage Founders Trial Finally Begins
Re: Opinions
In other words, the site was trying to prevent illegal sex trafficking.
For such a heinous offense, they should be punished. From your narrative, I conclude that it would be pointless to seek the actual traffickers, whose business the site rejected.
On the post: Backpage Founders Trial Finally Begins
Re: Re:
Alas, many of us are in such a position. It is not merely sex workers who might prefer a life of leisure. Many of us are forced to work in order to be furnished with food, housing, and the rest.
If you are not forced to work, then you should take the time and try to find a better source of support for your views than a Dwork like MacKinnon.
On the post: Sixth Circuit Reaffirms It's A Fourth Amendment Violation To Chalk Car Tires For Parking Enforcement Purposes
Re: They still chalk?
Chalk is cheap and effective, at least outside of the US 6th Circuit. It has been used for years, requires little training, and the technology is fairly well understood.
If the matter is contested, the meter maid can explain the process used and the court can easily gauge its reliability.
On the post: Sixth Circuit Reaffirms It's A Fourth Amendment Violation To Chalk Car Tires For Parking Enforcement Purposes
Re:
Outside of the US 6th Circuit, it is still not determined to be a violation. I can see different circuits reaching different results.
Different cities may also offer different arguments. Ultimately it is hard to see it as a search. It may be a de minimus trespass to chattels, but even that may be questionable if the chalk washes off in the next rainstorm.
In the US 6th Circuit, there are some possible tradeoffs. Give the meter maid a portable Automatic License Plate Reader, and as she passes the cars it records the plate numbers. Two hours later, when she passes by again, the ALPR beeps as it recognizes a plate it had seen before. This does not account for the car moving, even from in front of one store to another down the street, but chalked tires might line up in the same position so that is not fool-proof either.
Given that our overtime parking tickets run about $9, it is generally not worth fighting them. Your milage will surely vary.
In the US 6th Circuit, the ALPR might allow faster passage by the meter maid: she covers more distance because there is no need to stop and chalk tires. Again, your milage will surely vary.
On the post: High School Responds To Student's Prank By Asking Local Law Enforcement To Step In And Investigate
Re: Re:
Perhaps. But I do not see the head of the Democratic party praising race supremacists, or telling us of neo-nazi rallies that there are fine people on both sides.
On the post: Nintendo Shuts Down Another 'Smash' Tournament Due To Mod Use, With No Piracy As A Concern
Re: Re: Re:
Not really seeing this as a derivative work, either. At least no more than I have modified the book by adding music from the radio.
On the post: Where Texas' Social Media Law & Abortion Law Collide: Facebook Must Keep Up AND Take Down Info On Abortion
Re: Re: An Interesting Potential Issue
Not exactly settling. Parties set up the evidence and the legal memos, ask the judge to try the case on the paper. Each side provides proposed final judgment, but only one has reasonable support. Ideally, each side would review other's proposed FJ to agree as to form.
Judge signs proposed FJ for the party with facts and law.
Done right, you have a real order with findings.
On the post: Brazilian President Bans Social Media Companies From Removing Disinformation & Abuse
Re: Now in Texas
Texas is behind the curve. In Florida, we not only had SB 2021-7072 enacted, but the law was already found unconstitutional. So Texas is going to have to do something big if it wants to catch up.
And Brazil? They are obviously in the minor leagues.
On the post: Huge GTA4 Mod Started In 2014 Shuts Down Due To 'Hostility' From Take-Two Interactive
Evidence, please!
On the post: Impossibility Of Content Moderation: Scientist Debunking Vaccine Myths Gets A YouTube Strike For Medical Misinfo
Time to Stop Paying Extra Taxes
Only if one maintains offices in those places around the world. Generally the US is relatively safe for most of this stuff.
If the video sharing service closes offices in India, it is no longer within the reach of Indian laws, even if it no longer has the opportunity to pay taxes to New Dehli. I suppose they could mail a check. Likewise for Brazil, Russia, Red China, Australia, and so many others of which we have read here in Techdirt.
Note that some services cannot be safely had from US vendors. For instance DNS service ought to be purchased abroad, lest the US govt decide to seize or transfer your domain for saying disapproved things.
On the post: Damned If You Do; Damned If You Don't: ProPublica's Bizarre Reporting On WhatsApp Abuse Reports
Even if it is objectively neutral, it can constitute criticism. Simply setting forth the numbers on my property tax notices is criticism of our profligate officials.
On the post: New Texas Abortion Law Likely To Unleash A Torrent Of Lawsuits Against Online Education, Advocacy And Other Speech
Re: This is a bigger mess than it seems at first.
Not generally. Federal things may follow because of the reach into international commerce, but state laws tend to stop at borders. And, within states, more local laws stop at their borders: a person who lives in a dry county is free to purchase and consume spirituous beverage in the next county over. Me may even be able to bring home a bottle.
On the post: New Texas Abortion Law Likely To Unleash A Torrent Of Lawsuits Against Online Education, Advocacy And Other Speech
Re: Somebody is going to test this
They could be clever, and have a tame plaintiff sue them. They defend on the ground that the statute is unconstitutional, tame plaintiff confesses error, and there is case law against the viability of the statute.
On the post: Texas Gov. Greg Abbott Announces On Twitter The Livestreaming On Facebook Of His Signing Of A Bill That Removes 1st Amendment Rights For Both
Re: Re:
Not really. What was an amendment in the U.S. Constitution was actually embedded in the Confederate Constitution: freedom of speech was deemed a core value.
Sure, these core values were mainly for white property owning males.
I believe that, while there may be ``very fine people on both sides'', the general intent is to foster white supremacy and ``aryan'' purity. Obviously non-whites ought not vote; we see that being worked on in several states in the name of election security.
On the post: Ten Seconds Of Doing Nothing Is Reasonably Suspicious, Says The Fifth Circuit Appeals Court
Re: Re:
You cannot successfully sue for anything done in their judicial capacities. They have absolute, as opposed to qualified, immunity.
On the post: Miami Beach PD Blocks Enforcement Of New Law Miami Beach Cops Abused To Arrest People For Filming Them
Re: [cause of problem]
The law was an essential element of the problem. Cops could not arrest for violation of the law were the law not in place. And with qualified immunity, the failure of the actual fact pattern to conform with the law is unlikely to produce consequences for the cops.
Again, remember, this is Dade we are talking about.
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