Tobin testifies that the combination of one of the officers pushing Floyd's handcuffs into his back, combined with Chauvin's knee on Floyd's *back*, made it so Floyd couldn't breathe out of his left lung
I don't necessarily think this is great testimony for the prosecution: they've spent almost the entire time saying that it was Chauvin's knee on Floyd's *neck* that was excessive force
This is fascinating testimony
Tobin is a very persuasive expert - he makes a lot of sense, is understandable
This will be a very, very difficult cross-examination
Whoa now it looks like the expert is getting out in front of his skis
He's saying from a picture that 86 pounds of weight is on Floyd's neck
That's not obvious at all, and it's not obvious that Tobin is speaking from expertise here
I agree - on the whole he's been one of the prosecution's best witnesses
That said there is still a mismatch between what the prosecutors have established was "excessive force" and cause of death
David French wrote a whole column whining about Justice Thomas' brilliant Big Tech opinion
But I want to focus in on this passage right here
Simply put - he's defined "free speech" so broadly that it would eviscerate civil rights law
If social media moderation decisions are free speech - EVEN in the face of laws like section 230 that explicitly say the platform is not the speaker - then any act of exclusion is free speech
Meaning that the Civil Rights Act of 1964 is unconstitutional on free speech grounds
When French says that the companies are merely "creat[ing] communities that reflect their own private visions of what a marketplace of ideas should look like"
He should think about how that would apply to Jim Crow restauranteurs and hotel owners
I think this is going to get cross-examined into oblivion
It's a snapshot, you can't see where Chauvin's other knee is, and it looks like he's leaning a little bit to one side (which is enough to take a LOT of the weight off of the other side