Andrew Fleischman Profile picture
Oct 6, 2021 10 tweets 5 min read Read on X
John Stossel writes a lot about the First Amendment, but he claims in this lawsuit that there is no First Amendment right to fact check his work.

/1


s3.documentcloud.org/documents/2106…
Look at the sneering language with which he describes the notion of "fact-checking" with "impunity" as a "masquerade."

Not far from something you'd see on the North Korean twitter account. /2
Stossel did a video about forest fires. Facebook says it lacked context, and directed viewers to a website that disagreed with Stossel's assessment.

That's literally the defamation here. /3
Then, Stossel says that, because his reporting suggested both land management and climate change were to blame--an assessment the page you're directed to shares--it was defamatory to say his video lacked context. /4
The problem with Stossel's lawsuit is that Facebook is allowed to have opinions, like all of us. And factually proving that a claim is not "misleading" seems like a difficult task.

Stossel basically admits the term is meaningless in his own lawsuit.
/5
Under the First Amendment, I can say that John Stossel has a done a lot of great reporting in the course of his life.

Or I can say his reporting often lacks context. And both opinions are protected. /6
On another occasion, Facebook labeled one of Stossel's videos as "false" without specifying what was false about it, apparently.

Saying you disagree with his conclusion isn't 1a protected? /7
So Stossel is suing Facebook and an organization who Facebook seeks out for its opinions for defaming him by claiming his videos lack context and... I guess implying he undersold climate change?

He's asking for punitive damages.
/8
The thing is, I generally like John Stossel. I think he's got an interesting perspective, he's fun to listen to, and he often interviews interesting people.

And he needs to make a living. And Facebook is making that harder.

But hoo boy is a lawsuit ever counterproductive.

/9
It's my sincere hope that the case will be dismissed in response to an anti-SLAPP, and Stossel will get the chance to think about whether this attempt to silence criticism of his work is really in accordance with his free speech principles. Pobody's nerfect. /f

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More from @ASFleischman

Apr 10
So my client is a paraplegic. One day, a Fulton County police department asked him to come down and answer a few questions.

A woman alleged that he KICKED her door down and assaulted her.

And they were calling him down to arrest him, not talk to him.
The client had some pretty good objections. For instance, he is paraplegic. He is physically incapable of committing the crime as alleged.

Also, he had not seen the woman in ten years.

Ahhh, the police officer said, then how did she pick you out of a lineup?
The client says "yes, we did date a number of years ago, but I have been married for ten years. We did not just break up as she said"
Read 28 tweets
Feb 17
There was a NYT op ed claiming that there's a good argument that the children of illegal immigrants don't get birthright citizenship.

Before I get into why it's wrong, first, I want to talk about all the ways we know that the 14th Amendment DOES provide such citizenship.
First and foremost, there's the text of the 14th amendment:

It says that to become a citizen, you need only be born and subject to jursidiction.

And children of illegal immigrants can indeed be sued, jailed, or taxed, as needed. Image
So if we're just applying the plain text of the amendment, and the ordinary meaning of jurisdiction, it's very strongly in support.
Read 16 tweets
Feb 15
This is one of my favorite historical stories.

In 1938, a Polish Jew living in Paris, Herschel Feibel Grynszpan, learned that his family had been arrested and deported.

He entered the German embassy, claiming to be a spy with valuable information, and shot an embassy official, Ernst vom Rath.Image
The Germans, of course, claimed that this was an enormous outrage--just part of the historical plot of the Jews to destroy the Aryan race.

They planned a series of pogroms in response, to be carried out by government agents out of uniform, encouraging the public to join in. Image
Initially, he was to be tried in Paris. Once war began between Germany and France, the lawyer asked for an immediate trial, figuring that an acquittal was likely. But as the German army approached, Grynszpan escaped. Image
Read 7 tweets
Feb 3
Threatening to prosecute people for accurately reporting information about the government violates the first amendment.
In The Florida Star v. B. J. F, 491 U.S. 524, 526 (1989), a rape victim sued a newspaper for printing her name, arguing that it violated a Florida law protecting her privacy. Image
Even though the name of a rape victim is substantially less newsworthy than the name of a public official, the Supreme Court of the United States said that publishing that name was protected by the First Amendment. Image
Read 11 tweets
Feb 3
When a public official is corrupt, you don't need to doxx them. Who they are is publicly available.
And yet good reporters still often find out embarrassing, newsworthy stuff about these people.
Now as for these private citizens doing public work, I think they should be subject to scrutiny.

For instance, would you want to know if someone was a dual citizenship Chinese national? Had gambling debts? Was secretly woke?
Read 4 tweets
Jan 22
The problem is that there's no good faith definition of "jurisdiction" under which illegal immigrants aren't subject to US jurisdiction.

They have to pay taxes. They can be convicted of crimes. They can be sued. They can be deported.

That's what jurisdiction is.
When you say we don't have "jurisdiction" over them you have to come up with some tortured definition where if you can imagine a law does not apply to illegal immigrants (or people here on a visa), that means no jurisidiction.
But one problem with that is that children are also exempt from many laws, adult criminal responsibility, the draft, etcetera, and yet no one would argue that they aren't subject to American jurisdiction.
Read 5 tweets

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