1/ This is infuriatingly terrible journalism. First of all, this passage is at absolute best incomprehensible nonsense, and at worst is just wrong on the law. Stop using the "fire in a crowded theater" language because it 1000% of the time makes you look stupid.
2/ Quoting a "futurist and brand strategist" (@AKeynoteSpeaker lolol) as an expert on First Amendment law is a masterclass in barrel scraping. There are plenty of people who actually know what they're talking about that you could have asked. Why would you choose some rando?
3/ The incitement standard is clear: speech directed to inciting, and likely to incite, imminent lawless action.
Calling for action in the event of a verdict that hasn't been issued *clearly* does not constitute proscribable incitement. A competent lawyer could tell you this.
4/ You quoted convicted felon Dinesh D'Souza. Yikes bro.
Maybe try actually asking subject matter experts so you can have a non-stupid opinion to quote in your article.
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It's almost like she thinks she can hurt my reputation as someone who defends people who get sued/otherwise in trouble for offending people by saying "HE SAID A MEAN THING."
It's not like I have a BigLaw partnership to answer to, unlike someone.
Sure will suck to have some patent litigation partners think I'm a jerk. Don't know how I'll sleep at night.
Taking a page out of Trump's playbook, MuslimAdvocates filed a lawsuit alleging that Facebook and its execs violated DC consumer protection laws because they *say* they remove "hate speech" but MuslimAdvocates doesn't think they do a good enough job. muslimadvocates.org/2021/04/muslim…
This performative lawsuit will be dismissed, and I can't help but feel that we may well see people who want no content moderation praising #Section230 and people who oppose those people arguing for compelled content moderation. Because, ya know...
Content moderation is extremely difficult to do well at scale, and impossible to do perfectly. We're all better off if everyone, regardless of whether they want more or less content moderation, are blocked from bringing lawsuits because they saw online expression they didn't like
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.
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*.