Ari Cohn Profile picture
Jun 21, 2021 7 tweets 2 min read Read on X
The Supreme Court pretty recently expressed its unwillingness to expand the state action doctrine in Halleck.

And Paul Domer was a student who wrote a law review article; he's not an expert. Marsh is inapt, and again, SCOTUS has been clear that it has no interest in expanding it
Repeat after me: "traditionally and exclusively performed by the state"
Holy cow, this part of Paul Domer's "expert" law review article:

1) Actually, they do

2) Packingham suggests *nothing of the sort*
And just wow:

-"A public forum graced with First Amendment protections?" WTF does that mean?

-These cases are about whether a specific government official's page is a public forum by way of that official's ability to block/remove content. Not whether Twitter is a public forum
This is just an embarrassingly bad article
Revealing:
Ah yes, the "being a primary source for information to the public" exception to the First Amendment.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Ari Cohn

Ari Cohn Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @AriCohn

Jan 31
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.

judiciary.senate.gov/committee-acti…
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…
Read 111 tweets
Aug 8, 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. Image
Read 14 tweets
Jun 30, 2023
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.

Complaint: https://t.co/EwdXgkcQOvtinyurl.com/muhbjzr7
2/ I'm no expert in Bird Law, so the claims involving drones are not in my wheelhouse.

But @MiamiSeaquarium also alleged defamation (a good indicator of SLAPPiness)--kind of.

It seems that their lawyers are not entirely competent. This is the entirety of the defamation count:
@MiamiSeaquarium 3/ This is plainly a deficient pleading. Why?

Because notice what's missing: any identification of the allegedly defamatory statements.

You can't just waltz into court and say "they said defamatory things." You have to actually say what those things were.
Read 8 tweets
Jun 16, 2023
1/ On Wednesday @TechFreedomfiled an amicus brief with the 6th Circuit in Johnson v. @kathygriffin.

Our PR and the brief can be found here: techfreedom.org/protect-intern…

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.
Read 27 tweets
May 24, 2023
Oh hey, did you know that you can wreck a @Target display and doing that enough will get them to pull the products you're vandalizing about? Image
The War on Christmas is gonna be EPIC this year. Get ready, @Target!
@AskTarget how many people, exactly, need to trash your terrible produce section before you cede ground and stop trying to sell mushy apples?
Read 4 tweets
May 21, 2023
I'm sorry that you don't believe that people accused of crimes deserve legal representation and for the state to prove their case--kind of a fundamental principle that this country was founded on.

Someone here is "scum," but it's not who you think.

Maybe move to Qatar.
Seems @wontbackdown83 deleted his original tweet so that he could turn off replies. Very brave man.
He didn't even last 20 minutes. Sad. Image
Read 5 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(