1/ These absolute clowns really submitted a brief saying that profanity by minors isn't protected by the First Amendment because of the fighting words doctrine and rules about what broadcasters can air.
Absolute garbage that is not only bad lawyering, but anti-free speech.
2/ First of all, Chaplinski is barely even good law. But more to the point, arguing "some things aren't protected" is not a valid argument. See Trope #3: popehat.com/2015/05/19/how…
3/ And citing to FCC rules is just pure nonsense. As I've explained dozens (hundreds?) of times, broadcasters licensed to utilize public airwaves are subject to increased regulation on their expression.
Those regulations are not applicable to LITERALLY ANYONE ELSE.
4/ This is a garbage brief that is (poorly) arguing for *narrowing* the First Amendment.
Unmitigated clownery.
Parents: I humbly suggest you give your kids a one-time offer to post something on social media telling @JordanSekulow to go fuck himself.
Consider it a civics lesson that will imbue them with greater First Amendment competency than Sekulow.
1/ Well look at what we have here. Phillip Hamburger rears his head again, butchering/lying about laws and precedents that he clearly doesn't understand (@berinszoka and I have put him under the broiler before: lawfareblog.com/wall-street-jo…)
Anyway, since I already analyzed one of these stupid bills, you can go read that to learn why this one's also preempted and unconstitutional.
3/ N.B., in that thread I noted that Hamburger's org, @NCLAlegal, was behind the bill. They emailed me to say "not true." I replied with the video of the ND legislator explicitly naming them as working with them on the bill.
2/ can tell that we're off to a stupid start right from the subtitle. I usually don't go into the legislative findings because state legislators have a hard time finding their way out of their own asses, but I can't help myself on this one.
3/ Can someone tell me what on God's green earth this even *means*? I don't even think the people who use "cancel culture" unironically would look at this sentence and say "mhm, yep, makes sense to me."
1/ I regret to inform you that this North Dakota bill has got *even dumber* and even *more unconstitutional* by way of amendment (stay tuned for a fun fact about who is behind this later in the thread).
2/ The bill is a complete mess. For starters, it tries to define "interactive computer services" and "social media platforms" differently, for what reason is literally anyone's guess but if it is to try to get around #Section230, it's...not going to work.
3/ The bill says that both ICSs and social media platforms may not "censor" expression or users based on viewpoint. Not only that, but also that they can't ban a user for viewpoints expressed *anywhere*.
S.O. decided that 11:30 was a good time to start watching Titanic, and in retribution I have now assumed the role of a Titanic truther. Let's see how this goes.
No way that iceberg was big enough. It was a government job.
1/ Another day, another #Section230 op-ed unmoored from fact and law. This one comes to you via @WilliamLKovacs and @TheHillOpinion. It is a tangle of the usual factual and legal misunderstandings, with a strange new one thrown in for good measure.
2/ Let's talk about this opening paragraph. First, it certainly was *not* a "sneak attack." Twitter has been quite clear that Trump ogot away with things that would get others banned because he was president. If you didn't see this coming, you just weren't paying attention.
3/ The Parler dispute was also not a "sneak attack," and to claim it is strikes me as dishonest. It was a direct response to developing events--you know, the *actual attack* on the Capitol.