1/ Twitter filed its motion to dismiss in the suit brought by the owner of the repair shop that had Hunter Biden's laptop, who claims Twitter's explanation for blocking the article defamed him. Twitter says he failed to plead...well...everything.
2/ Love that they led off with a cite to Bongino's failure.
3/ Twitter correctly points out that the plaintiff's interpretation of the allegedly defamatory statements aren't the relevant locus of analysis. It's the actual words used.
4/ Twitter next argues that the statements are not "of and concerning" the plaintiff because he's literally never mentioned in either Twitter's statements OR the article that Twitter's statements were about:
5/ Twitter goes on to destroy the plaintiff's per se claim, arguing that they never said he engaged in criminal conduct.
6/ And then there is the weird argument that Twitter's reasons for why they generally block such content can be imputed to him in a defamatory way.
7/ Up next, failure to plead special damages
8/ After saying that plaintiff also failed to plead publication (lol), Twitter raises the oft-fatal issue of failure to actually plead facts sufficient to infer actual malice. Conclusory allegations do not cut it in federal court.
9/ Bonus: because Florida's anti-SLAPP law has no procedural aspect to it, Twitter gets to go for fees and costs even in federal court.
10/ There are enough grounds for dismissal here that it seems highly unlikely this suit survives (not that anyone really ever thought that was likely in the first place).
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If only someone had counseled people to take a deep breath and not panic over speculative fears that have not been borne out in a single election cycle.
Senate Judiciary is having a hearing today on "Big Tech and the Online Child Sexual Exploitation Crisis," in which senators will yell at a bunch of social media platform CEOs and likely say some very wrong things. Follow along in this thread, if you dare.
2/ Durbin kicks off by showing a video from victims of online CSE and their parents. Undeniably horrible stories, and if the hearing really focuses exclusively on platform efforts to combat CSE/CSAM, I'll be on board--platforms SHOULD be doing more.
But that's unlikely.
3/ And not for nothing, Durbin's STOP CSAM Act swings the pendulum too far, threatening end-to-end encryption and incentivizing takedowns of lawful content and campaigns of false reporting. EFF has a good explainer: eff.org/deeplinks/2023…
1/ I must respectfully take issue with this piece, for a few reasons.
First, as a normative matter, to mee it comes too close to equating the harms of CSAM with the effects of minors looking at porn. Whatever you think about the latter, the former is *inestimably* worse.
2/ Second, the "secondary effects doctrine" is a heaping MESS that gives government an end-run around the First Amendment, even for non-porn speech. Expanding it to the online world rather than physical locations would be terrible.
SED should be retired, not broadened.
3/ Third, there is no distinction between the age verification mandates being proposed now, and the ones struck down in the Great COPA Wars, practically or constitutionally.
The curtailment was in fact being forced to verify your identity before accessing disfavored content.
1/ So @MiamiSeaquarium, which tortures Orcas by keeping them in confined spaces, have filed suit because Phil published drone pictures and criticized them.
It's evident that they didn't like being criticized, and are trying to shut him up.
In case you're unfamiliar with the litigation, let me refresh your memory & explain why it's important.
2/ In April 2021, a video started circulating on social media showing a man accosting a teen taking pre-prom pictures with his boyfriend at a hotel restaurant, because the teen was wearing a dress.
Super normal stuff.
When Kathy saw the video, she tweeted about it a few times.
3/ In her first tweet, she identified the man as Sam Johnson, and noted that he worked at VisuWell, a telehealth software company from what I gather.
A couple tweets later, VisuWell announced Johnson's firing. Griffin asked if he was going to remain on the board. They said no.