1A: “Nor shall the government exert any pressure upon public discourse.” (DM
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Date: December 27th, 2022 12:46 AM Author: Fragrant bipolar cruise ship tank
You’re being a kikey pedant EPAH. I took your narrow gotcha and generalized it to show how idiotic it was
Can the executive violate the 1A outside of any laws on the books via its actions? Yes or no?
There is likely no law by Congress stating we can shut down churches at will in the country. Can the POTUS thus shut down all churches in the country?
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697826) |
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Date: December 27th, 2022 12:50 AM Author: Fragrant bipolar cruise ship tank
>>>Of course. It can arrest/fine people based on the content of their speech, seize copies of newspapers, etc.
We are discussing protected speech that did not run afoul of any laws, EPAH. Please keep up
I would also love to see examples where courts have ruled it ok for the executive to seize newspapers
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697837) |
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Date: December 27th, 2022 12:53 AM Author: Fragrant bipolar cruise ship tank
Moving goalpoasts EPAH
>>> But what “pressure” was exerted? That USG would run a DDOS operation against Twitter, issue fines, arrest its employees?
And you also know full well the USG has been threatening twitter with onerous restrictions and regulations in the background since 2016
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697848) |
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Date: December 27th, 2022 1:05 AM Author: Fragrant bipolar cruise ship tank
Courts have found no explicit threats to be necessary for 1A violations to occur
See:
Rattner vs. Netburn
Okwedy vs. Molinari
But you are not arguing in good faith here. The government is literally holding a gun to Twitter’s head and telling them they are free to do what they want. You know that
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697890) |
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Date: December 27th, 2022 1:21 AM Author: Sticky Messiness
if twitter didn't play ball there were a hundred different ways to make the company suffer, even if it would be difficult to prove in a court of law.
let me give you an example with another company.
Patrick Byrne, the former CEO of overstock.com, went public in 2019 with allegations of political espionage by FBI figures including FBI agent Peter Strzok. In a Fox Business interview, Byrne described how he was offered a $1 billion bribe of sorts to stay quiet. In 2018 Overstock was subject to a SEC investigation; Peter Strzok’s wife, Melissa Hodgman, happened to be the Associate Director of the SEC Enforcement Division who happened to be leading the SEC investigation of Patrick Byrne’s company. Per the blogger Sundance, “So the wife of the FBI agent who was directing Patrick Byrne in the sketchy FBI operation targeting Donald Trump… just happens to open an investigation of Byrne shortly after the corrupt FBI operation containing her husband first hit the headlines in early 2018. I wonder if the elimination of that SEC investigation was worth, oh, say $1 billion. Huh, imagine that? Coincidences. Small world.” Byrne resigned from Overstock out of concern it would be targeted due to his whistleblowing.
that's just one example. this slimy game is a big part of the reason why trust in government is so low.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697963) |
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Date: December 27th, 2022 1:23 AM Author: Fragrant bipolar cruise ship tank
https://reason.com/volokh/2021/07/19/when-government-urges-private-entities-to-restrict-others-speech/
On the other hand, where courts find that the government speech implicitly threatened retaliation, rather than simply exhorting or encouraging third parties to block speech, that's unconstitutional. The Supreme Court case on that is Bantam Books, Inc. v. Sullivan (1963), where a state commission threatened to prosecute stores that sold books that it viewed as pornography (including books that were actually protected by the First Amendment). And lower court cases have applied that even absent express threat of prosecution, for instance:
[1.] The mayor and a trustee of a New York town sent a letter to a newspaper demanding to learn more about who was involved in an article critical of local officials. Potentially unconstitutional, the Second Circuit held in Rattner v. Netburn (1991)
[2.] The President of the Borough of Staten Island sent a letter to a billboard company urging it to take down an anti-homosexuality billboard… Potentially unconstitutional, the Second Circuit held in Okwedy v. Molinari (2003)
[3.] The Sheriff of Cook County (Illinois) sent letters to Mastercard and Visa…
Potentially unconstitutional, the Seventh Circuit held in Backpage.com, LLC v. Dart (2015)
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697968) |
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Date: December 27th, 2022 1:38 AM Author: Fragrant bipolar cruise ship tank
>>> Otherwise gov could never “ask” Twitter to do anything lest it be 1A-violating coercion under your test.
My test is that the gov is asking it to directly violate the bill of rights via proxy, not for shit like user stats
They were literally telling Twitter to take down jokes
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698012) |
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Date: December 27th, 2022 6:30 AM Author: Jet-lagged Internet-worthy Jew Bawdyhouse
I think he was responding to this ridiculous straw man:
“ Otherwise gov could never “ask” Twitter to do anything lest it be 1A-violating coercion under your test.”
You seemed to be making the point that applying the 1A in the way DM conceives of it would hamstring the USG from any meaningful regulation of social media. In your response, you now seem to be suggesting you only ever meant regulating speech. Okay, but just realize that totally undercuts your point because the obvious retort is — wait, why exactly is the USG regulating perfectly legal political speech on a social media platform? In other words, if the prompt goes from asking “anything” as you put it to asking “to take down political speech” then I’ve lost the point of your statement which I assumed was an attempt to convince us that OF COURSE the USG needs to ask for SOME things.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698329) |
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Date: December 27th, 2022 1:00 AM Author: Sticky Messiness
its useless discussing anything with epah, he doesn't argue in good faith
but really, violations of the 1st amendment have been egregious in US history and there's no response to it. look up what happened to father coughlin, USG shut down his newspaper, banned him from the airwaves and pressured the vatican to kick him out of the church. there are a lot of examples like this.
the USG doesn't abide by the constitution except when its useful to its interests, and thats all there is to it
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697875) |
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Date: December 27th, 2022 1:20 AM Author: Primrose Splenetic Chad
the government made twitter an agent of the government
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violation of the 1a results
you know this and you also know had this been trump's doj, you would go insane
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697960) |
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Date: December 27th, 2022 12:59 AM Author: Garnet high-end skinny woman
When the FBI emails a corporation, demanding that the company remove posts, obviously there is pressure applied to the corporation to comply. The random corporate lawyer doesn’t want to get blamed if some crime is committed or whatever so it’s much easier to just comply.
I don’t think there’s anything wrong with the FBI requesting takedowns of illegal material or posts that further crimes. The issue here is that the FBI wasn’t investigating illegal behavior, which is it’s mandate. It was going far beyond that in demanding the removal of perfectly legal content. If the FBI was targeting BLM in the same way libs would be up in arms.
Moreover, the FBI influenced Twitter to ban the Hunter Biden laptop story, implying it was Russian disinformation, when the FBI itself had a copy of the laptop and knew it wasn’t disinformation. It seems pretty intuitive that we don’t want the FBI getting involved in overtly political issues with such misleading misrepresentations. Isn’t that exactly the type of things criticize about the FBI’s behavior in the 1960s?
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697872) |
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Date: December 27th, 2022 1:09 AM Author: Garnet high-end skinny woman
12. And yet, during all of 2020, the FBI and other law enforcement agencies repeatedly primed Yoel Roth to dismiss reports of Hunter Biden’s laptop as a Russian “hack and leak” operation.
This is from a sworn declaration by Roth given in December 2020.
fec.gov/files/legal/mu…
30. Efforts continued to influence Twitter's Yoel Roth.
In Sept 2020, Roth participated in an Aspen Institute “tabletop exercise” on a potential "Hack-and-Dump" operation relating to Hunter Biden
The goal was to shape how the media covered it — and how social media carried it.
On Oct 14, shortly after @NYPost publishes its Hunter Biden laptop story, Roth says, “it isn’t clearly violative of our Hacked Materials Policy, nor is it clearly in violation of anything else," but adds, “this feels a lot like a somewhat subtle leak operation.”
And yet it's inconceivable Baker believed the Hunter Biden emails were either fake or hacked. The @nypost had included a picture of the receipt signed by Hunter Biden, and an FBI subpoena showed that the agency had taken possession of the laptop in December 2019.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697908) |
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Date: December 27th, 2022 2:12 AM Author: Garnet high-end skinny woman
Here’s a 1A argument: the FBI paid Twitter to act on its behalf, making Twitter an agent of the government and thus subject to first amendment scrutiny:
“The FBI paid Twitter millions of dollars to cover the costs of processing the agency's requests. "I am happy to report we have collected $3,415,323 since October 2019!" wrote someone with Twitter's Safety, Content, & Law Enforcement (SCALE) team in a February 2021 email, according to internal messages reported by journalist Michael Shellenberger today.“
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698061)
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Date: December 27th, 2022 1:28 AM Author: Garnet high-end skinny woman
Typical lib cope.
It doesn’t exist! It never happened! But if it happened, it was a good thing!
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697987)
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Date: December 27th, 2022 2:17 AM Author: Garnet high-end skinny woman
(1) The FBI never sent the emails;
(2) If the FBI did send the emails, it did nothing wrong.
(3) if the FBI did something wrong, it’s Trump’s fault anyways.
That’s where we are with EPAH’s arguments.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698081) |
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Date: December 27th, 2022 2:23 AM Author: Sticky Messiness
yet you continue to argue with him, why?
its the same issue i have with the state of american law. (insert zeitgeist here) is obviously a smart, successful attorney and knows how judges would look at an issue like this. but the shitlibs working in these government orgs -- many of whom are also attorneys, like james comey and andy mccabe -- generally know what to put into writing, what not to put into writing, and how to phrase things to avoid smoking gun incrimination. hell, even when mccabe got caught red-handed and fired for cause and lost his pension, he was then hired by CNN and ultimately had his pension reinstated, lol. and then the FBI phones were mysteriously wiped a year or two after Trump took office and the inspector general was looking into their activity.
this isn't a republican or democrat issue; it is a establishment vs populist issue. unfortunately D.C. has developed a class consciousness of its own and protects its own against outsiders. so how can one hope for justice from the judicial system with a system so obviously corrupted?
unfortunately as i mentioned above with the father coughlin example this isn't anything new and it's been like this before we were alive, we're just much more aware of it now.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698096) |
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Date: December 27th, 2022 2:30 AM Author: Garnet high-end skinny woman
I’m on paternity leave and I enjoy discrediting bad arguments, no other reason.
Agree with all of the above.
I’ll take EPAH’s failure to respond further as a sign of complete victory.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698107) |
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Date: December 27th, 2022 2:15 AM Author: Garnet high-end skinny woman
Here’s a 1A argument: the FBI paid Twitter to act on its behalf, making Twitter an agent of the government and thus subject to first amendment scrutiny:
“The FBI paid Twitter millions of dollars to cover the costs of processing the agency's requests. "I am happy to report we have collected $3,415,323 since October 2019!" wrote someone with Twitter's Safety, Content, & Law Enforcement (SCALE) team in a February 2021 email, according to internal messages reported by journalist Michael Shellenberger today.“
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698073)
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Date: December 31st, 2022 2:13 AM Author: harsh indian lodge fat ankles
convenient that you left out "shall"
what does "shall make no law" mean to you?
what does "shall not be infringed" mean to you?
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45720249) |
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Date: December 27th, 2022 1:13 AM Author: Garnet high-end skinny woman
So your view is that the Hillary email issue didn’t have overtly political effects?
It’s clear you don’t know what the facts are here. The FBI did much more than “discourage Covid misinformation,” (which Twitter believes includes Shadowbannimg Stanford professors who were at least arguably largely correct about the effects of the pandemic.)
The FBI was flagging all sort of legal materials, simply, for example, being “anti-Ukraine” or “pro-Maduro.” To be sure I’m personally pro-Ukraine and Anti-Maduro, but the FBI shouldn’t be influencing Twitter to ban accounts because it disagrees with the messages.
Edit: I have no idea what relevance operation warp speed has to this issue. None at all. You are completely missing the point.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697933) |
Date: December 27th, 2022 1:16 AM Author: Aquamarine Wonderful Cuckold
“Nor shall the government exert any pressure upon public discourse.”
of course they can exert pressure. they can exert pressure by speaking. what they can't do it coerce private actors to censor free speech.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45697948) |
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Date: December 27th, 2022 9:44 AM Author: Aquamarine Wonderful Cuckold
"I’d also add, as a plaintiffs lawyer, you know it is improper to unduly focus on single allegations out of context. To understand the conduct at issue, you need to look at all of the allegations together. So your demand that we identify a single damning email isn’t quite fair when the discussion here is about an entire course of conduct by the FBI that influenced Twitter to suppress Twitter accounts at the FBI’s direction."
===
exactly.
defendants explain away illegal conduct like that. "so my client pulled out his phone. there is nothing illegal or sinister about that act. people pull out their phones all the time, every day. then my client typed the first word in his text to co-defendant. there was nothing sinister about that word. it's a word people use every day, all the time. ...."
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698740) |
Date: December 27th, 2022 2:13 AM Author: Garnet high-end skinny woman
EPAH got blown the fuck out here.
FBI paid Twitter millions to act on its behalf in suppressing speech by banning accounts. Sounds like a First Amendment violation to me!
“The FBI paid Twitter millions of dollars to cover the costs of processing the agency's requests. "I am happy to report we have collected $3,415,323 since October 2019!" wrote someone with Twitter's Safety, Content, & Law Enforcement (SCALE) team in a February 2021 email, according to internal messages reported by journalist Michael Shellenberger today.“
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698065)
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Date: December 27th, 2022 2:45 AM Author: Garnet high-end skinny woman
Oh wow! Someone who worked at Facebook disagrees!
We have the actual emails. They’ve been quoted.
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698126)
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Date: December 27th, 2022 10:17 AM Author: Aquamarine Wonderful Cuckold
btw, i hoap that anyone interested in this topic has read the David Zweig twitter stream on Biden's censorship.
https://twitter.com/davidzweig/status/1607378386338340867
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45698936) |
Date: December 27th, 2022 8:03 PM Author: thriller yapping degenerate
Seems pretty clear from evidence that
(i) the Biden administration repeatedly requested that former NYT journalist Alex Berenson be banned from Twitter for accurately reporting COVID information that was inconvenient to the Biden administration's preferred narrative
(ii) the FBI tricked Twitter and others into censoring the Hunter Biden story by making theme believe it was Russian disinformation when the FBI knew that it was not Russian information
(http://www.autoadmit.com/thread.php?thread_id=5259676&forum_id=2#45702454) |
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