Ari Cohn Profile picture
22 Apr, 10 tweets, 3 min read
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.

Filing: courtlistener.com/docket/5930032…
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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More from @AriCohn

21 Apr
This kind of threat only works on someone who isn't comfortable being unapologetically themselves and standing by what they say.

Says something about the person making it, though.
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.
Read 4 tweets
19 Apr
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. Image
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? ImageImage
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.
Read 4 tweets
8 Apr
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
Read 4 tweets
11 Mar
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.
Read 6 tweets
10 Mar
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…)

wyofile.com/bills-bring-na…
2/ This Wyoming bill looks like a clone of the ND bill that I previously discussed here: .

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.

I got no reply.
Read 15 tweets
9 Mar
1/ As sure as I'm a cranky bastard, state reps will keep introducing asinine bills that violate the First Amendment, are preempted by #Section230, & reveal their authors' cluelessness. This one courtesy of @ARStateRep43 & @VoteRickyHill of @ARGOP: arkleg.state.ar.us/Bills/Detail?i…\...\You
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."
Read 15 tweets

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