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Ari Cohn Profile picture
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14 Jan, 5 tweets, 2 min read
A group of dumb Parler users, aided by an apparently equally group of dumb lawyers, filed a class action suit against AWS.

We're talking really dumb.

courtlistener.com/docket/2910231…
How dumb?

Count 2 alleges that AWS interfered with Parler users' contract with Parler vis-a-vis the terms of service.

Because of this not-actually-interference-with-a-not-really-contract, Parler users suffered.....CHAGRIN..

CHAGRIN. Image
AND EMOTIONAL DISTRESS Image
These lawyers, @BoesenLaw, @Roger_Fraley, et al. need some CLE.
I am suing Twitter for Chagrin now.

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More from @AriCohn

Ari Cohn Profile picture
16 Jan
1/ "I haven't educated myself at all on the details of this, but allow me to stake my point on it anyway" is not exactly the sign of a thoughtful person.

But it *is* a good sign you're about to get a bad #Section230 take.

pvtimes.com/opinion/tim-bu… Image
2/ "Dictatorships, socialism, and communism rely on control of the media, and therefore it is bad that this multitude of private, non-governmental companies have control over their own platforms" is certainly one possible stupid thing you could say. Image
3/ And then there's this dumb non-sequitur.

Repealing Section 230 would not create new causes of action. If your beef is that social media companies can control what you see and whether you're allowed to post--repealing Section 230 would do absolutely nothing to address that. Image
Read 8 tweets
Ari Cohn Profile picture
12 Jan
1/ In "stupid lawsuits over mean tweets" news, the 6th Cir. will hear arguments shortly in a case against @kathygriffin (save your personal opinions about her, I really don't care). Listen in here at 1:30 Eastern: ca6.uscourts.gov/live-arguments
2/ The case has flown mostly under the radar, likely because it was dismissed on the relatively unsexy issue of personal jurisdiction. But it's extremely important in cases about online speech (I'll add more to this thread later about that).
3/ The suit was brought by parents of Covington Catholic students that attended that infamous 'March for Life', who probably saw the Sandmann lawsuit and said "let's try to get rich off of this too!" There's no shortage of lawyers willing to help you on that quest.
Read 62 tweets
Ari Cohn Profile picture
11 Jan
"sufficiently important" is a very imprecise framing, because that's the only way to keep this particular piece of the argument from immediately falling apart.
When examining the cases one sees that the rule was (and still is) that the First Amendment will prohibit private actors from excluding speakers only when the private actors perform a function traditionally and exclusively performed by the government.
And so, people looking to use Marsh v. Alabama to claim that the First Amendment should apply to social media, or that First Amendment law is somehow "broken," obfuscate what the cases say in the same way an attorney might vaguely describe contrary precedent.
Read 5 tweets
Ari Cohn Profile picture
10 Jan
While Amazon certainly has a right to do it, I don't think booting Parler from AWS is a good or smart move.
To expand, yea Parler is largely unmitigated trash at absolute best. They should absolutely be moderating more.

And Amazon has every right to do it, and I certainly understand why they would.
But I'd rather it be confined (and visible) then increase sympathy for their argument that Twitter/Facebook banning them is a free speech problem because "look we can't even have our own space!"
Read 6 tweets
Ari Cohn Profile picture
6 Jan
Fucked around, found out.
Immediately after she got shot, another one of her fellow insurgents raised rifle towards the cops.
Read 4 tweets
Ari Cohn Profile picture
6 Dec 20
1/ Hello @TheBuffaloNews, might I suggest speaking with someone who knows even just the basics of constitutional law before publishing an editorial like this to make sure that you don't beclown yourselves? This is embarrassing.

buffalonews.com/opinion/editor…
2/ You couldn't even finish the first *sentence* without saying something bafflingly ridiculous.

Whether or not the government's compelling interests could be done in a more measured (i.e., less restrictive) way IS (part of) the constitutional analysis in First Amendment claims.
3/ If the govt addresses its interest it in a way that isn't the least restrictive, it violates the First Amendment. This is basic, 1L (or before) stuff. Questioning whether the decision was based on the least restrictive means test or the First Amendment is utter nonsense.
Read 10 tweets

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