Discover and read the best of Twitter Threads about #firstamendment

Most recents (24)

Bitcoin miners are Publishers protected by the First Amendment. That's why NY's moratorium is unconstitutional.…
1/ New York’s legislative assembly passed Bill No. A07389, “establishing a moratorium on cryptocurrency mining operations that use proof-of-work authentication methods,” such as those used by #Bitcoin, “to validate blockchain transaction”…
2/ By singling out proof-of-work for regulation -- one of many different types of cryptocurrency protocol consensus algorithms -- the Moratorium violates #Bitcoin miners’ rights to free speech 🗣️ under the First Amendment. #FreeSpeech #firstamendment
Read 27 tweets
6th Cir. grants #QualifiedImmunity to police who arrested a man for running a parody Facebook page making fun of them. Court declined to decide whether the #FirstAmendment covered the page (ed. it does), merely concluding it was not "clearly established."…
The Court also ends on a quote from @bariweiss. (See above.)
CODA: In Parma, Ohio, police only clear (meaning arrest someone for) 44% of *violent* crimes. Yet, they used a detective and multiple officers to hunt down and figure out how to arrest someone who hurt their feelings.
Read 4 tweets
This week on my podcast, I read my @Medium column, "The Best Defense Against Rubber-Hose Cryptanalysis," about what the cypherpunks got wrong, what they got right, and what that says about claims that cryptocurrency will defend us from tyranny:… 1/ A medieval engraving of a prisoner being tortured on a rack;
If you'd like an unrolled version of this thread to read or share, here's a link to it on, my surveillance-free, ad-free, tracker-free blog:… 2/
30 years ago, the cypherpunks - forerunners of the cryptocurrency movement - waged an epic battle to ensure that we could all access working cryptography. 3/
Read 54 tweets
THREAD: Free speech culture didn’t come out of nowhere, it’s been built on the foundation of centuries of conflict, philosophy & law. If you want to brush up on the history, look no further than my #FreeSpeech Culture Study List. 1/18…
With a unique & international perspective, @JMchangama’s timely & thorough “Free Speech: A History from Socrates to Social Media” shows how ancient & global the fight for free speech has been. 2/18
The most important book of 2021 IMO was @jon_rauch’s Constitution of Knowledge. Jon covers crises in our knowledge producing fields, higher education & journalism, & reveals the true value of The Enlightenment: the discovery of our profound ignorance. 3/18
Read 20 tweets
The Livingston County Sheriff Department has filed a criminal complaint against me related to the Twitter posts I made this week about the nurses who publicly spread health misinformation. (THREAD)
I was contacted by a sheriff’s deputy this afternoon to notify of the charges pursuant to this Michigan statute:…
I do not yet have a copy of the report so I can’t comment further regarding n the details at this time, but it is a felony if charged and convicted. The case has been forwarded to the Livingston County Prosecutor’s office for review I am told.
Read 11 tweets
The 'Free Assange! Attorney General Merrick Garland Vigil' continues.
Leaves have dropped but the prosecution has not!
It's long past due for the U.S. to walk away from this anti-First Amendment trial. @TheJusticeDept
November 13/14th Thread 👇 Image
Cold, windy and raining!
#WeAreAllAssange Image
Read 17 tweets
Court out in the Lacey Larkin Trial just a few minutes ago. After the Young woman left the stand her mother took the stand. And basically just discussed her activism trying to get a law in Washington state passed to require in person ID for any adult online activity 1/
That law, which was passed, actually was found to be unconstitutional and was overturned. Under questioning the mom had to admit that the law would’ve applied to a lot of different websites including google Twitter etc. any website they might have adult content on it 2/
In other words it was a dangerous law. And you know why it was overturned? Because Backpage challenged it. The mom was also asked about this supposed quote from Lacey where she says he looked at her and referred to her and the people she was with as yahoos. 3/
Read 23 tweets
Back to federal court in Phoenix for the #LaceyLarkinTrial. Scuttlebut is codefendant who was feeling unwell yesterday did not test positive 4 Covid, but court has yet to verify this. ICYMI, please watch @morganloewcbs5's recent piece on #Backpage 1/
In it, Loew explains that the federal government admitted Backpage's takedown in 2018 hurt its ability to find and rescue endangered women and minors. Backpage was a goldmine of info for the FBI and other LEAs & responded to subpoenas w/in 24 hrs. Less if need be.2/
Adult-oriented ads have since migrated overseas to platforms that do not recognize U.S. subpoenas or feel any need to cooperate with U.S. LEAs. As are result, women and marginal communities are less safe. 3/
Read 6 tweets
Court in the #LaceyLarkinTrial recessed 20 minutes ago. In the Last hour, after the jury had been dismissed for the day, a fight broke out between the prosecution and the defense with defense lawyer Whitney Bernstein who represents Jim Larkin bringing up the infamous DOJ memos 1/
These are DOJ memos from 2012 & 2013 which argued #Backpage should not be prosecuted in large part because Backpage was helpful to law-enforcement the in tracking down trafficked victims. The memos also discussed difficulty of determining the age of a female depicted in the ads2/
These memos are out in the public.@WIRED magazine first mentioned them in a 2019 article, and @ENBrown of @reason published the entirety of the memos shortly thereafter. 3/
Read 18 tweets
On the afternoon break in the Lacey Larkin Trial, attorneys for some of the co-defendants reinforced many of the arguments that Bennett had made at the beginning of the day. 1/#Backpage #FirstAmendment
I don’t have much time, but Lacey‘s attorney Paul Cambria ended with a rousing defense of his client. In a booming voice he discussed how Lacey and Larkin were “the real deal “when it came to defending freedom of speech. 2/
He discussed how they were arrested by Joe Arpaio in the middle of the night but they fought back sued and won more than $3.5 million, which they then gave to charity. 3/
Read 7 tweets
On lunch break at the LaceyLarkin trial. Attorney Bruce Feder, who represents one of Lacey and Larkin‘s codefendants, followed up before lunch on some of what Beinert said in his opening. #Backpage #FirstAmendment 1/
He explained content moderation to the jury and told them that in addition to an illegal/legal standard of assessing ads on Backpage, moderators tried to keep content to a “Playboy” standard, though legally they did not have to do any content moderation at all. 2/
He also described some of the prosecution’s deceptive tactics in its September 3 opening statement, such as putting the mug shots of the defendants on projected slides next to emails and statements they did not make. 3/
Read 19 tweets
On break at the #Backpage trial and attorney for James Larkin, Mr. Thomas Bienert, has Just finished his opening statement for the defense in which he turned the prosecutions opening statement on its head calling the prosecutors “deceptive” 1/
And explaining how all of the ads that the prosecution displayed previously on September 3 involved legal content. 2/
In regards to the adult ads that appeared on Backpage along with millions of other ads for various Mundane products/services like couches, antiques, jobs, etc., Bienert described what he called the Lacey and Larkin method 3/
Read 11 tweets
(Thread 1/3): Joined @DLoesch on @TheFirstonTV this afternoon to explain why so many corporations are forcing vaccine mandates on their employees.
(2/3): Vaccines for Polio or Chicken Pox took decades to complete and the risk to children was significant. The #CovidVaccine is not tested, the risk to children is practically zero, and its efficacy is questionable. Imposing this on everybody is crazy.
(3/3): The #FirstAmendment allows criticism of the government, corporations, and powerful people. What we have here is direct evidence of the government working with social media companies to censor private speech critical of the government. #Twitterban…
Read 3 tweets
FILED: @CenDemTech filed an amicus brief joined by @EFF, @mediacoalition, @ncacensorship, @PENamerica & @RSI urging 9th Circuit to allow Twitter’s lawsuit – against TX AG Ken Paxton for retaliating against its #contentmoderation decisions – to go forward.… CDT leads an amicus brief i...
@EFF @mediacoalition @ncacensorship @PENamerica @RSI This lawsuit isn’t just about Twitter’s #FirstAmendment right to moderate content. Government coercion of social media companies is on the rise, in the U.S. & around the world, and the Court’s decision will affect users worldwide.
@EFF @mediacoalition @ncacensorship @PENamerica @RSI Paxton’s retaliatory investigation of Twitter discourages it from moderating content, which is bad for users & public. We need companies to do more to address #disinformation, #hatespeech, & harassment in a way that respects human rights w/o being chilled by gov't interference.
Read 3 tweets
(Thread 1/3): Joined @JacquiHeinrich and @ChristopherHahn on @FoxNews today to discuss the @WhiteHouse doubling down on censorship and @JoeBiden saying #Facebook is killing people. This is unconstitutional, it violates the #FirstAmendment, and it needs to stop.
(2/3): Any lawyer will tell you the remedy for speech you don’t agree with is more speech. The government certainly does not have a monopoly on truthful speech.
(3/3): @NYGovCuomo is a serial abuser and a sexual harasser. How could this be politically motivated if these are his own democratic staffers? Frankly, he needs to resign not only for this but for killing people in New York with his unwise policies.
Read 3 tweets
#BREAKING: The Eighth Circuit UNANIMOUSLY ruled that @UIowa officials can be held accountable after violating the #FirstAmendment and kicking Christian, Muslim, and Sikh student groups off campus simply because the groups asked their leaders to agree with their faith.
But while religious groups were targeted, other groups were given a pass. Greek groups excluded leaders on the basis of sex. Political groups ensured their leaders shared their political beliefs. Only religious groups were barred for screening leaders for mission alignment.
And that targeting particularly makes zero sense in the context of a group’s leadership. Religious groups need religious leaders.
Read 8 tweets
“Let them die,” says @FairfaxNAACP leader Michelle Leete at protest before @fcpsnews board. Folks against critical race theory are here, with protestors including Leete opposing them. It’ll be 🧨 tonight. Watch at…
Now a @TJAlumniAG member applauds “students of color” in new TJ Class of 2025. Too bad the 70% of Asian students at TJ don’t count as being “of color.”
Now police tell a parent opposed to critical race theory she can’t wear her flag scarf inside. And a white blonde woman tells me that she doesn’t agree with my writings on TJ but acknowledges my right to speak. Uhhh…thanks? #FirstAmendment #FreeSpeech
Read 13 tweets
(Thread 1/4): With @Varneyco on @FoxBusiness - This political hit job against @POTUS45 is the kind of third world nonsense we see in countries like #Pakistan where former presidents are taken down using petty offenses. Well beneath the dignity of New York prosecutorial offices.
(2/4): #Arizona's voting limits do not violate the voting rights act nor do they hurt minorities. Ballot harvesting hurts every #American equally. The 9th circuit got this one wrong. I am thrilled to see this victory for #Election integrity.
(3/4): #Florida's social media law was struck down in part because of vague language. I found the exceptions for Florida based companies like @Disney and @comcast to be a little dubious. With some more work and wordsmithing this could become a great law.
Read 4 tweets
Good article by @JoshuaNevett for @BBCWorld. What he's missing is Ellsberg's potential prosecution is as publisher, not as leaker, due to time factor. Publication is the new crime. The #Assange precedent, the first ever prosecution of a publisher under the Act, set that precedent
In fact, the #Assange precedent means @joshuanevett is also prosecutable under the Espionage Act. Just like with the diplomatic cables, where @WikiLeaks was not first to publish, republication is a crime. US says WikiLeaks great global reach justifies prosecution. Like @bbcworld
And then we have the fact that @JoshuaNevett, I assume, is not a US citizen. So we have the original publisher, US citizen Ellsberg, who published classified info from USA, and the republisher, a foreign journalist publishing legally from the UK without breaking UK law. (contd)
Read 7 tweets
Two big developments to think about together:

👉 Facebook @OversightBoard upholding Trump suspension

👉 NEW: Biden admin joining #ChristchurchCall to address violent extremist content

#Christchurch @GIFCT_official @techvsterrorism @francediplo_EN @GNET_research

2. The Biden action is a significant turn away from Trump-era policy.

In March 2019, a #WhiteSupremacist terrorist live streamed his massacre of people at two mosques in New Zealand.

These dozens of democracies 👇 joined the call to action.

The Trump administration refused.
3. Both the FB Oversight Board and Biden Christchurch actions are based on #HumanRights law framing the decision.

On one hand: Freedom of expression (and right to receive information).

On other hand: Public safety, equality, non-discrimination, other rights (eg voting rights).
Read 8 tweets
Initiative No 2


Gaffe prone
Delegates who
Do nothing from

#Idleg #initiatives
Think of it as the Initiating Initiative. It keeps people like Rep. Hanks or the former Rep from Lewiston who shall not be named from introducing poorly drafted legislation. #Idleg #initiatives
Which requires a vote by the people each year to determine what legislators are permitted to introduce bills. #Idleg #initiatives
Read 5 tweets
North Carolina is a Purple State with a reddish hue. Its congressional delegation, predictably, remains split on #Impeachment2. The 5 @NCDemParty members will vote YEA: @GKButterfield, @RepDavidEPrice, @RepAdams @DeborahRossNC, @KathyManningNC. @ABC11_WTVD #ncpol #CapitolRiots
The eight @NCGOP members - all of whom voted to challenge the #ElectoralCollege votes & @Transition46’s victory - appear likely to all vote NAY on #Impeachment2. They all condemn riot (& some blame Trump), none will defect. @ABC @ABCPolitics @ABC11_WTVD @rickklein @jonkarl #ncpol
.@RepDanBishop: “Last week’s violence was abhorrent & perpetrators must be prosecuted... Congress can condemn, revile or censure speech. But to PUNISH speech the #FirstAmendment clearly protects violates the Constitution & abandons rule of law.” @ABC11_WTVD #ncpol
Read 10 tweets
#firstamendment #trump #trumptreason #traitors #insurrection #republicans #maga #thugs #racists #whitesupremacy #hypocrisy

Inciting a rebellion and insurrection are not supported by First Amendment right to free speech.
For example, you cannot falsely yell “fire” in a crowded movie theater.
Taking a knee during the anthem is protected though, but racists and bigots and NFL owners were furious.
Read 3 tweets
1/ I wonder if Donald Trump and his supporters will reconsider their antipathy toward #Section230 in light of recent events.
2/ As the controversy over the tech giants cracking down in @parler_app demonstrates, if Trump and his supporters want a free-for-all social media platform like Parler, that platform will want and need #Section230-type protection.
3/ Under #Section230 as it currently stands, Parler generally isn’t responsible, at least in a court of law, for third-party/user-generated content.
Read 22 tweets

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