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Ari Cohn Profile picture
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18 Nov, 4 tweets, 1 min read
I remember when someone told me with a straight face that Clare Locke is a First Amendment lawyer.

I guess they didn't specify pro- or anti-...
*Libby Locke of Clare Locke
Lol I wonder what Libby thinks "refrain from further disseminating or publishing" means.

"Anyway it's totally NOT a prior restraint but anyway here are the reasons it's ok even if it was (but it's totally not, like I said."

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More from @AriCohn

Ari Cohn Profile picture
19 Nov
Just gonna get this out of the way:

Without commenting on the acquittal, the fact that a jury acquitted Rittenhouse does not mean it is defamatory to call him a "murderer," and it *especially* does not render any *past* statements defamatory.
2/ An acquital is just that: the government did not meet its burden of proof for a criminal conviction. It does not establish facts for all of time; it establishes whether the jury thought the government proved its case.
3/ Even if it *did* establish fact/truth, it would still be irrelevant to 99.99% of the claims people are yammering about. Why?

Because those statements were all made before the acquittal. Defamation requires fault. In Rittenhouse's case, he'll get public figure treatment
Read 6 tweets
Ari Cohn Profile picture
18 Nov
This is only "masterful" in its absurdity and failure to understand the law.

The hapless authors envision state AG tobacco-like lawsuits.

Unfortunately for them, different things are different, no matter how much elected showboaters we call "state AGs" might wish otherwise.
2/ They spend a bunch of time on mealy-mouthed hysterics about Haugen's testimony, without ever actually saying what the harms that are being caused are--and that's going to be pretty important, as different things are, again, different.
3/ But first they try to clear a first hurdle: Section 230.

They start out by recognizing that 230 immunizes platforms for liability on the basis of third-party content, and that 230 applies to algorithmic content suggestions.

So far so good!
Read 12 tweets
Ari Cohn Profile picture
17 Nov
It's a good thing our constitution and laws take such decisions out of @DWStweets' hands.
🧐🧐🧐 Image
What does @DWStweets think about these? ImageImageImage
Read 4 tweets
Ari Cohn Profile picture
9 Nov
I totally believe that this "university" invoking John Adams and featuring Sohrab Ahmari is deeply committed to the principles of free speech.
When @uaustinorg gets funding for a building, they will inevitably name it "Yes THAT Joe McCarthy Hall"
"It is vitally important that we create our own institution to escape these illiberal people who are hostile to free speech, but essential that we include people who are illiberal and hostile to free speech"
Read 6 tweets
Ari Cohn Profile picture
3 Nov
1/ I usually hesitate to crap on student newspaper articles, but this piece was actually written by the paper's advisor, @mdgiusti, who is the journalism *chair* and clearly not doing students any favors in the "make sure what you're writing isn't totally wrong" department.
2/ Off to a bad start, completely mangling the history. First of all, "everyone saw they were different?" No.

Second, Cubby Inc. v. Compuserve (one of the cases leading to 230) was actually about distributor liability, which has nothing to do with the decision to publish. Image
3/ Instead, the court in Cubby found that Compuserve was a distributor, and thus would have had to have actual or constructive knowledge of content's defamatory nature (and plaintiffs hadn't produced any such evidence) before liability could be imposed for speech on its service.
Read 17 tweets
Ari Cohn Profile picture
3 Nov
I regret to inform you that Josh Hammer has gotten no less (a) bad at writing, and (b) dumb.
Get this man some vegetables already, because he keeps making salad out of words.
I have a theory that if Josh Hammer doesn't use "telos" or "teleology" at least once in every single thing he writes, he would die.

It's really the only explanation.
Read 4 tweets

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