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Actually malicious, no actual malice Profile picture
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8 Dec, 6 tweets, 2 min read
Let's take some time to break this down.

Starting with the weird analogy between "actual distribution of species on the planet" and "representation of groups of people in fictional media."

It's a step or two removed, but it's basically the thermian argument.

1/
It requires viewing a fictional world like a continent: it either does or does not have certain things in it and that's just how it goes. There just don't happen to be kangaroos in Europe, so don't complain.

NB: there are, people pay to see them

2/
As no one should need to be reminded of: fictional worlds are not real places. Everything in them is put in them by choice. There's no natural selection, no speciation which leads to some species of birds in some places and not others. Every blade of grass is put in by choice

3/
But I'm more intrigued by his claim that he can't enjoy games anymore because of criticism of games. Because that can only mean one of two things: the *inclusion* of those elements makes the games unenjoyable for him, or he can't like games people criticize.

4/
If the latter, the avatar advertising the game being discussed would kind of disprove his claim, so let's assume it's the former:

What is represented in the game affects his ability to enjoy it.

Which is *so* close to understanding why representation matters.

5/
But, of course, we're back to "white, cis-het, male is the default and therefore isn't the same thing as representation".

It's similar to gamers being said to see only two races: "white" and "political".

6/6

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More from @apark2453

Actually malicious, no actual malice Profile picture
8 Dec
I *do* want to pick it apart!

And... Wow. This is art.

154 pages.

One entry on the table of contents: "Motion for leave... page 1".

1/ Image
Typically one can sue a group of defendants together whey they acted in concert. It'd be a weird kind of joinder rule to be allowed to file one lawsuit against three different defendants under three different theories of wrongdoing solely because "it's all election stuff".

2/ Image
Each of these is alleged at a different state. None are *true* of course, but even if true I'm not sure why Paxton thinks he can file one suit against all three on three different theories.

And the third is just silly.

3/ ImageImageImage
Read 76 tweets
Actually malicious, no actual malice Profile picture
8 Dec
wsj.com/articles/south…

This is an interesting set of hot takes from the governor overseeing the highest positive testing rate of any state in the country.

I'm sure it won't come as a galloping shock that her "better" numbers are bullshit.

1/
This is already untrue. Cases in the last seven days/100,000 in South Dakota is 98.6. Illinois is 75.6.

If we include data since January 21st, South Dakota's per capita rate is almost twice as high.

But I'm sure we'll stick with "last seven days" throughout, right?

2/ Image
Recent figures are probably the better measure, and Noem is correct to use them. Otherwise we're getting a lot of noise from the early going based on where the virus cropped up. At this point it's everywhere. So current numbers are more indicative of competence

3/
Read 6 tweets
Actually malicious, no actual malice Profile picture
7 Dec
All right, R is off work and can confirm all of this. I'll preface by saying: I definitely got heated after someone suggested I get the gun I didn't know they had and shoot myself in the head.

But I'm getting ahead of myself.

1/
First, to set the stage: both R and I were a bit leery of it to begin with. We'd had get-togethers and in all of the recent ones where were a lot of "those goddamned millennials" talk.

2/
With "millennial" meaning "anyone younger than them" since apparently it covered everyone from school administrators probably only a decade my mother's junior to my younger brother's (currently a college Senior) classmates.

Obviously that's not quite right.

3/
Read 20 tweets
Actually malicious, no actual malice Profile picture
7 Dec
Oh my goodness this article is bad. I have the day off so let’s do a good, old fashioned, “how are you this wrong” breakdown. And I want to lead off with the best one.

Keep in mind this is an argument for the US Supreme Court overturning the PA Supreme Court.

1/
The basic argument is this: Latches can’t apply here because the challenge is to whether a statute is constitutional. So the Supreme Court would reverse.

To support this the author cites, poorly, to “Stilp v. Hafer (1998)”.

2/
I say poorly because it’s missing two of the ways you’d know that’s not a US Supreme Court case. The actual citation is either “553 Pa. 128 (1998)” or “718 A.2d 290 (Pa. 1998).”

So let’s be clear: even if the author were right, this is SCOPA deviating from SCOPA precedent.

3/
Read 37 tweets
Actually malicious, no actual malice Profile picture
7 Dec
For those curious about this doctrine. The “Colorado River doctrine” is named for Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976).

1/
The actual background is kind of fascinating, and if anyone (particularly east of the Mississippi where you don’t deal with prior appropriation) wants an explanation of “what the hell does ‘owning’ water even mean” I can explain.

2/
But the upshot is this:

Following changes to Colorado water law administration there were a whole lot of lawsuits in Colorado courts about water rights, including the water rights of tribal land (administered by the US itself).

3/
Read 9 tweets
Actually malicious, no actual malice Profile picture
6 Dec
Small problem. Even in your “fediverse” model, so long as I can post somewhere I don’t myself own, you are either (a) accepting someone else is liable for what I wrote, or (b) need the equivalent of 230.

If I can’t what you’ve created is email. If I *can*, you need 230.

1/
Whether people *should* want the interconnectivity of “publicly posting on other people’s walls/timelines/replies”, clearly people *do* want it.

The vagueness of “interconnection of sovereign spaces owned and controlled by individuals” only muddies the waters.

2/
If your vision is “twitter or Facebook but everyone owns their own page and no 230”, each individual “client” would face incredible liability.

If your vision is that people wouldn’t be able to freely post on other people’s pages, you haven’t made an FB competitor.

3/
Read 4 tweets

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