Trump’s social media order violates free speech, claims lawsuit
In one of the first lawsuits challenging the executive order on preventing online censorship signed by US President Donald Trump, a digital rights group has claimed that the order violates the rights to free speech of all online platforms and individuals.
The lawsuit was filed by nonprofit Center for Democracy and Technology (CDT) in the US District Court for the District of Columbia on Tuesday.
CDT said that the executive order which was issued after Twitter added a fact-checking label to one of Trump's tweets about mail-in voting was "plainly retaliatory".
The May 28 executive order "violates the first Amendment in two fundamental respects: Frist the order is plainly retaliatory: it attacks a private company, Twitter, for exercising its First Amendment right to comment on the President's statements," said the lawsuit.
"Second, and more fundamentally, the Order seeks to curtail and chill the constitutionally protected speech of all online platforms and individuals...," it added.
Trump's executive order seeks to blunt Section 230 of the 1996 Communications Decency Act which generally protects internet companies from legal liability for user comments.
Section 230 states that "no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
SOURCE
This blog is regularly backed up. See http://jonjayray.com/ttarc.html for an alternative to this site
Posts by John J. Ray (M.A.; Ph.D.)
Background
This is Tongue-Tied 3
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press"
Article 19 of the Universal Declaration of Human Rights, adopted in 1948, states that: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
“When you tear out a man’s tongue, you are not proving him a liar; you’re only telling the world that you fear what he might say.” — Tyrion Lannister
"No one is more hated than he who speaks the truth" - Plato
Only injustice and hate profit by silence
Posts by John J. Ray (M.A.; Ph.D.)
HOME (Index page)
Access past and present backups for all my current blogs
The war on "cultural appropriation" is straightforward racism
Is the American national anthem politically incorrect? From the 4th verse:
Praise the Power that hath made and preserved us a nation.
Then conquer we must, when our cause it is just,
And this be our motto: "In God is our trust."
Mohammad
The truth can be offensive to some but it must be said
Prof. Feynman: It is a lot better to walk alone than with a crowd going in the wrong direction.
"HATE SPEECH" is free speech: The U.S. Supreme Court stated the general rule regarding protected speech in Texas v. Johnson (109 S.Ct. at 2544), when it held: "The government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable." Federal courts have consistently followed this. Said Virginia federal district judge Claude Hilton: "The First Amendment does not recognize exceptions for bigotry, racism, and religious intolerance or ideas or matters some may deem trivial, vulgar or profane."
Even some advocacy of violence is protected by the 1st Amendment. In Brandenburg v. Ohio (1969), the U.S. Supreme Court held unanimously that speech advocating violent illegal actions to bring about social change is protected by the First Amendment "except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
The double standard: Atheists can put up signs and billboards saying that Christianity is wrong and that is hunky dory. But if a Christian says that homosexuality is wrong, that is attacked as "hate speech"
ALL Leftist speech is hate speech. They are always talking about something in the world around them that they hate
One for the militant atheists to consider: "...it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg" -- Thomas Jefferson
"I think no subject should be off-limits, and I regard the laws in many Continental countries criminalizing Holocaust denial as philosophically repugnant and practically useless – in that they confirm to Jew-haters that the Jews control everything (otherwise why aren’t we allowed to talk about it?)" -- Mark Steyn
A prophetic comment on Norwegian hate speech laws: As Justice Brandeis once noted, repressive censorship “breeds hate” and “that hate menaces stable government,” rather than promoting safety; “the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies.”
Voltaire's most famous saying was actually a summary of Voltaire's thinking by one of his biographers rather than something Voltaire said himself. Nonetheless it is a wholly admirable sentiment: "I disagree with what you say but I will defend to the death your right to say it". I am of a similar mind.
The traditional advice about derogatory speech: "Sticks and stones will break your bones but names will never hurt you". Apparently people today are not as emotionally robust as their ancestors were.
Why conservatives should not respond to Leftist abuse: "Never wrestle with a pig, because you'll both just get dirty, and the pig likes it.”
The KKK were members of the DEMOCRATIC party. Google "Klanbake" if you doubt it
A phobia is an irrational fear, so the terms "Islamophobic" and "homophobic" embody a claim that the people so described are mentally ill. There is no evidence for either claim. Both terms are simply abuse masquerading as diagnoses and suggest that the person using them is engaged in propaganda rather than in any form of rational or objective discourse.
Leftists often pretend that any mention of race is "racist" -- unless they mention it, of course. But leaving such irrational propaganda aside, which statements really are racist? Can statements of fact about race be "racist"? Such statements are simply either true or false. The most sweeping possible definition of racism is that a racist statement is a statement that includes a negative value judgment of some race. Absent that, a statement is not racist, for all that Leftists might howl that it is. Facts cannot be racist so nor is the simple statement of them racist. Here is a statement that cannot therefore be racist by itself, though it could be false: "Blacks are on average much less intelligent than whites". If it is false and someone utters it, he could simply be mistaken or misinformed.
Categorization is a basic human survival skill so racism as the Left define it (i.e. any awareness of race) is in fact neither right nor wrong. It is simply human
Whatever your definition of racism, however, a statement that simply mentions race is not thereby racist -- though one would think otherwise from American Presidential election campaigns. Is a statement that mentions dogs, "doggist" or a statement that mentions cats, "cattist"?
If any mention of racial differences is racist then all Leftists are racist too -- as "affirmative action" is an explicit reference to racial differences
Was Abraham Lincoln a racist? "You and we are different races. We have between us a broader difference than exists between almost any other two races. Whether it is right or wrong I need not discuss, but this physical difference is a great disadvantage to us both, as I think your race suffer very greatly, many of them by living among us, while ours suffer from your presence. In a word, we suffer on each side. If this be admitted, it affords a reason at least why we should be separated. It is better for both, therefore, to be separated." -- Spoken at the White House to a group of black community leaders, August 14th, 1862
Gimlet-eyed Leftist haters sometimes pounce on the word "white" as racist. Will the time come when we have to refer to the White House as the "Full spectrum of light" House?
The spirit of liberty is "the spirit which is not too sure that it is right." and "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." -- Judge Learned Hand
Mostly, a gaffe is just truth slipping out
Two lines below of a famous hymn that would be incomprehensible to Leftists today ("honor"? "right"? "freedom?" Freedom to agree with them is the only freedom they believe in)
First to fight for right and freedom,
And to keep our honor clean
It is of course the hymn of the USMC -- still today the relentless warriors that they always were.
It seems a pity that the wisdom of the ancient Greek philosopher Epictetus is now little known. Remember, wrote the Stoic thinker, "that foul words or blows in themselves are no outrage, but your judgment that they are so. So when any one makes you angry, know that it is your own thought that has angered you. Wherefore make it your endeavour not to let your impressions carry you away."
"Since therefore the knowledge and survey of vice is in this world so necessary to the constituting of human virtue, and the scanning of error to the confirmation of truth, how can we more safely, and with less danger, scout into the regions of sin and falsity than by reading all manner of tractates, and hearing all manner of reason?" -- English poet John Milton (1608-1674) in Areopagitica
Hate speech is verbal communication that induces anger due to the listener's inability to offer an intelligent response
Leftists can try to get you fired from your job over something that you said and that's not an attack on free speech. But if you just criticize something that they say, then that IS an attack on free speech
"Negro" is a forbidden word -- unless a Democrat uses it
"It is impossible to speak in such a way that you cannot be misunderstood." -- Karl Popper
Why are Leftists always talking about hate? Because it fills their own hearts
Leftists don't have principles. How can they when "there is no such thing as right and wrong"? All they have is postures, pretend-principles that can be changed as easily as one changes one's shirt
When you have an argument with a Leftist, you are not really discussing the facts. You are threatening his self esteem. Which is why the normal Leftist response to challenge is mere abuse.
The naive scholar who searches for a consistent Leftist program will not find it. What there is consists only in the negation of the present.
The intellectual Roman Emperor Marcus Aurelius (AD 121-180) could have been speaking of much that goes on today when he said: "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."
I despair of the ADL. Jews have enough problems already and yet in the ADL one has a prominent Jewish organization that does its best to make itself offensive to Christians. Their Leftism is more important to them than the welfare of Jewry -- which is the exact opposite of what they ostensibly stand for! Jewish cleverness seems to vanish when politics are involved. Fortunately, Christians are true to their saviour and have loving hearts. Jewish dissatisfaction with the myopia of the ADL is outlined here. Note that Foxy was too grand to reply to it.
Foxy
Email me here (Hotmail address).
DETAILS OF REGULARLY UPDATED BLOGS BY JOHN RAY:
"Tongue Tied"
"Dissecting Leftism" (Backup here)
"Australian Politics"
"Education Watch International"
"Political Correctness Watch"
"Greenie Watch"
Western Heart
BLOGS OCCASIONALLY UPDATED:
"Marx & Engels in their own words"
"A scripture blog"
"Recipes"
"Some memoirs"
To be continued ....
Coral reef compendium.
Queensland Police
Australian Police News
Paralipomena (3)
Of Interest
Dagmar Schellenberger
My alternative Wikipedia
BLOGS NO LONGER BEING UPDATED
"Food & Health Skeptic"
"Eye on Britain"
"Immigration Watch International".
"Leftists as Elitists"
Socialized Medicine
OF INTEREST (2)
QANTAS -- A dying octopus
BRIAN LEITER (Ladderman)
Obama Watch
Obama Watch (2)
Dissecting Leftism -- Large font site
Michael Darby
Paralipomena (2)
AGL -- A bumbling monster
Telstra/Bigpond follies
Optus bungling
Vodafrauds (vodafone)
Bank of Queensland blues
There are also two blogspot blogs which record what I think are my main recent articles here and here. Similar content can be more conveniently accessed via my subject-indexed list of short articles here or here (I rarely write long articles these days)
Some more useful links:
Longer Academic Papers by John Ray
Johnray link
Academic home page
Academic Backup Page
General Backup for John Ray's writings
General Backup 2
My alternative Wikipedia
Alternative archives for this site
Selected reading
MONOGRAPH ON LEFTISM
CONSERVATISM AS HERESY
Rightism defined
Leftist Churches
Leftist Racism
Fascism is Leftist
Hitler a socialist
What are Leftists
Psychology of Left
Status Quo?
Leftism is authoritarian
James on Leftism
Irbe on Leftism
Beltt on Leftism
Critiques
Lakoff
Van Hiel
Sidanius
Kruglanski
Cautionary blogs about big Australian organizations:
TELSTRA
OPTUS
VODAFONE
AGL
St. George bank
Bank of Queensland
Queensland Police
QANTAS, a dying octopus
BIO
INTERESTING BLOGS
(My frequent reads are starred)
10 o'clock scholar
Agitator*
AMCGLTD
American Thinker
Anthropology & Econ
ASTUTE BLOGGERS
Baby Troll
Bad Eagle
Belmont Club*
Betsy's Page
Bill Keezer
Blackfive
Bleeding Brain
BLOGGER NEWS
Blowhards
Bob McCarty
Booker Rising
Brian Leiter scrutinized
Brothers Judd*
Brussels Journal
Bureaucrash
Candle in dark
Catallarchy*
Classical Values
Clayton Cramer*
Climate audit
Climate science
Colby Cosh
Cold Fury
Common-sense & Wonder*
Conservative Grapevine
Conservative Oasis
Conservative Voice
Conservatives Anonymous
Critical Mass
Cronaca*
Danegerus
Dean's World
Dhimmi Watch
Discover the networks
Discriminations
Dodge Blog
Dr Helen
Dr Sanity
Drunkablog
Ed Driscoll
Eddy Rants
Electric Venom
Endiana
Enter Stage Right
Eugene Undergound
Evangelical Ecologist
Fighting in the Shade
Fourth Rail
Free Patriot
Gates of Vienna
Gay and Right
Gene Expression*
Ghost of Flea
Global warming & Climate
Gold Dog
GOPUSA Alaska
Grumpy Old Sod
Hack Wilson
Hall of Record
Heretical Ideas
Hitler's Leftism
Hugh Hewitt
Hummers & Cigarettes
IMAO
Icecap
Inductivist
Instapunk
Intellectual Conservative
Interested Participant
Jihad Watch
Jim Kalb
Junk Food science
Junk Science
Just One Minute
KBJ
Knowledge is Power
Ladybird Deed
La Shawn
Laudator
Lone Wacko
Lubos Motl
Luskin
Mangan
Margaret Thatcher Foundation
Market Center
Maverick Philosopher
Medicine World
Michelle Malkin
Moderate Voice
Moorewatch
National Center
National Scene
Neo Con Blogger
Never Yet Melted
New Zeal Pundit
Northeastern Intelligence Network
Not PC
On the Right Side
Orator
Overlawyered
Parable Man
ParaPundit*
Pedestrian Infidel
Poli Pundit
Prof Bainbridge
Promethean Antagonist
Qando
Qohel
Random Observations
Rand Simberg
Random Jottings
Red State
Rhodey
Rhymes with Right
Right Nation
Right Thinking
Right Wing news
Roadkill
Ron Hebron
Rottweiler
Schansberg
SCSU Scholars*
Sharp Blades
Sharp Knife
Should Know
Silent Running
Smallest Minority
Squander 2
Steve Sailer
Stop the ACLU
Stuart Buck
Talking Head
Tim Worstall
Two-Four Net
Urban Conservative
Urgent Agenda
Vdare blog
View from Right
Viking Pundit
Vodka Pundit
Watt's up with that
Western Standard
Bill Whittle
What If
WICKED THOUGHTS*
Winds of Change
Wizbang
World of Reason
Education Blogs
Early Childhood Education
Education Bug
Eduwonk
Joanne Jacobs*
Marc Miyake*
Economics Blogs
Adam Smith
Arnold Kling
Chicago Boyz
Cafe Hayek
Econopundit
Environmental Economics
Jane Galt
S. Karlson
D. Luskin
Marginal Revolution
Mises Inst.
Australian Blogs
A E Brain
Brookes News
Catallaxy
Fortress Australia
Kev Gillett
Hissink File
ICJS*
Oz Conservative
Slattery
Tim Blair
WESTERN HEART*
Cyclone's Sketchblog
England
Anglo Austrian
Briffa
Burning our Money
Campaign Against Political Correctness
England Project
Norm Geras
House of Dumb
IQ & PC
Limbic Nutrition
Majority Rights*
Melanie Phillips
NHS Doctor
Oliver Kamm
Policeman
Samizdata
Sean Gabb
Sterling Times
Englishman's Castle
Scotland
Freedom & Whisky
A Place to Stand
ISRAEL
IsraPundit
Steven Plaut
Think Israel
NOTE: The archives provided by blogspot below are rather inconvenient. They break each month up into small bits. If you want to scan whole months at a time, the backup archives will suit better. See here or here
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press"
Article 19 of the Universal Declaration of Human Rights, adopted in 1948, states that: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
“When you tear out a man’s tongue, you are not proving him a liar; you’re only telling the world that you fear what he might say.” — Tyrion Lannister
"No one is more hated than he who speaks the truth" - Plato
Only injustice and hate profit by silence
Posts by John J. Ray (M.A.; Ph.D.)
HOME (Index page)
Access past and present backups for all my current blogs
The war on "cultural appropriation" is straightforward racism
Is the American national anthem politically incorrect? From the 4th verse:
Praise the Power that hath made and preserved us a nation.
Then conquer we must, when our cause it is just,
And this be our motto: "In God is our trust."
Mohammad
The truth can be offensive to some but it must be said
Prof. Feynman: It is a lot better to walk alone than with a crowd going in the wrong direction.
"HATE SPEECH" is free speech: The U.S. Supreme Court stated the general rule regarding protected speech in Texas v. Johnson (109 S.Ct. at 2544), when it held: "The government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable." Federal courts have consistently followed this. Said Virginia federal district judge Claude Hilton: "The First Amendment does not recognize exceptions for bigotry, racism, and religious intolerance or ideas or matters some may deem trivial, vulgar or profane."
Even some advocacy of violence is protected by the 1st Amendment. In Brandenburg v. Ohio (1969), the U.S. Supreme Court held unanimously that speech advocating violent illegal actions to bring about social change is protected by the First Amendment "except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
The double standard: Atheists can put up signs and billboards saying that Christianity is wrong and that is hunky dory. But if a Christian says that homosexuality is wrong, that is attacked as "hate speech"
ALL Leftist speech is hate speech. They are always talking about something in the world around them that they hate
One for the militant atheists to consider: "...it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg" -- Thomas Jefferson
"I think no subject should be off-limits, and I regard the laws in many Continental countries criminalizing Holocaust denial as philosophically repugnant and practically useless – in that they confirm to Jew-haters that the Jews control everything (otherwise why aren’t we allowed to talk about it?)" -- Mark Steyn
A prophetic comment on Norwegian hate speech laws: As Justice Brandeis once noted, repressive censorship “breeds hate” and “that hate menaces stable government,” rather than promoting safety; “the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies.”
Voltaire's most famous saying was actually a summary of Voltaire's thinking by one of his biographers rather than something Voltaire said himself. Nonetheless it is a wholly admirable sentiment: "I disagree with what you say but I will defend to the death your right to say it". I am of a similar mind.
The traditional advice about derogatory speech: "Sticks and stones will break your bones but names will never hurt you". Apparently people today are not as emotionally robust as their ancestors were.
Why conservatives should not respond to Leftist abuse: "Never wrestle with a pig, because you'll both just get dirty, and the pig likes it.”
The KKK were members of the DEMOCRATIC party. Google "Klanbake" if you doubt it
A phobia is an irrational fear, so the terms "Islamophobic" and "homophobic" embody a claim that the people so described are mentally ill. There is no evidence for either claim. Both terms are simply abuse masquerading as diagnoses and suggest that the person using them is engaged in propaganda rather than in any form of rational or objective discourse.
Leftists often pretend that any mention of race is "racist" -- unless they mention it, of course. But leaving such irrational propaganda aside, which statements really are racist? Can statements of fact about race be "racist"? Such statements are simply either true or false. The most sweeping possible definition of racism is that a racist statement is a statement that includes a negative value judgment of some race. Absent that, a statement is not racist, for all that Leftists might howl that it is. Facts cannot be racist so nor is the simple statement of them racist. Here is a statement that cannot therefore be racist by itself, though it could be false: "Blacks are on average much less intelligent than whites". If it is false and someone utters it, he could simply be mistaken or misinformed.
Categorization is a basic human survival skill so racism as the Left define it (i.e. any awareness of race) is in fact neither right nor wrong. It is simply human
Whatever your definition of racism, however, a statement that simply mentions race is not thereby racist -- though one would think otherwise from American Presidential election campaigns. Is a statement that mentions dogs, "doggist" or a statement that mentions cats, "cattist"?
If any mention of racial differences is racist then all Leftists are racist too -- as "affirmative action" is an explicit reference to racial differences
Was Abraham Lincoln a racist? "You and we are different races. We have between us a broader difference than exists between almost any other two races. Whether it is right or wrong I need not discuss, but this physical difference is a great disadvantage to us both, as I think your race suffer very greatly, many of them by living among us, while ours suffer from your presence. In a word, we suffer on each side. If this be admitted, it affords a reason at least why we should be separated. It is better for both, therefore, to be separated." -- Spoken at the White House to a group of black community leaders, August 14th, 1862
Gimlet-eyed Leftist haters sometimes pounce on the word "white" as racist. Will the time come when we have to refer to the White House as the "Full spectrum of light" House?
The spirit of liberty is "the spirit which is not too sure that it is right." and "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." -- Judge Learned Hand
Mostly, a gaffe is just truth slipping out
Two lines below of a famous hymn that would be incomprehensible to Leftists today ("honor"? "right"? "freedom?" Freedom to agree with them is the only freedom they believe in)
First to fight for right and freedom,
And to keep our honor clean
It is of course the hymn of the USMC -- still today the relentless warriors that they always were.
It seems a pity that the wisdom of the ancient Greek philosopher Epictetus is now little known. Remember, wrote the Stoic thinker, "that foul words or blows in themselves are no outrage, but your judgment that they are so. So when any one makes you angry, know that it is your own thought that has angered you. Wherefore make it your endeavour not to let your impressions carry you away."
"Since therefore the knowledge and survey of vice is in this world so necessary to the constituting of human virtue, and the scanning of error to the confirmation of truth, how can we more safely, and with less danger, scout into the regions of sin and falsity than by reading all manner of tractates, and hearing all manner of reason?" -- English poet John Milton (1608-1674) in Areopagitica
Hate speech is verbal communication that induces anger due to the listener's inability to offer an intelligent response
Leftists can try to get you fired from your job over something that you said and that's not an attack on free speech. But if you just criticize something that they say, then that IS an attack on free speech
"Negro" is a forbidden word -- unless a Democrat uses it
"It is impossible to speak in such a way that you cannot be misunderstood." -- Karl Popper
Why are Leftists always talking about hate? Because it fills their own hearts
Leftists don't have principles. How can they when "there is no such thing as right and wrong"? All they have is postures, pretend-principles that can be changed as easily as one changes one's shirt
When you have an argument with a Leftist, you are not really discussing the facts. You are threatening his self esteem. Which is why the normal Leftist response to challenge is mere abuse.
The naive scholar who searches for a consistent Leftist program will not find it. What there is consists only in the negation of the present.
The intellectual Roman Emperor Marcus Aurelius (AD 121-180) could have been speaking of much that goes on today when he said: "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."
I despair of the ADL. Jews have enough problems already and yet in the ADL one has a prominent Jewish organization that does its best to make itself offensive to Christians. Their Leftism is more important to them than the welfare of Jewry -- which is the exact opposite of what they ostensibly stand for! Jewish cleverness seems to vanish when politics are involved. Fortunately, Christians are true to their saviour and have loving hearts. Jewish dissatisfaction with the myopia of the ADL is outlined here. Note that Foxy was too grand to reply to it.
Foxy
Email me here (Hotmail address).
DETAILS OF REGULARLY UPDATED BLOGS BY JOHN RAY:
"Tongue Tied"
"Dissecting Leftism" (Backup here)
"Australian Politics"
"Education Watch International"
"Political Correctness Watch"
"Greenie Watch"
Western Heart
BLOGS OCCASIONALLY UPDATED:
"Marx & Engels in their own words"
"A scripture blog"
"Recipes"
"Some memoirs"
To be continued ....
Coral reef compendium.
Queensland Police
Australian Police News
Paralipomena (3)
Of Interest
Dagmar Schellenberger
My alternative Wikipedia
BLOGS NO LONGER BEING UPDATED
"Food & Health Skeptic"
"Eye on Britain"
"Immigration Watch International".
"Leftists as Elitists"
Socialized Medicine
OF INTEREST (2)
QANTAS -- A dying octopus
BRIAN LEITER (Ladderman)
Obama Watch
Obama Watch (2)
Dissecting Leftism -- Large font site
Michael Darby
Paralipomena (2)
AGL -- A bumbling monster
Telstra/Bigpond follies
Optus bungling
Vodafrauds (vodafone)
Bank of Queensland blues
There are also two blogspot blogs which record what I think are my main recent articles here and here. Similar content can be more conveniently accessed via my subject-indexed list of short articles here or here (I rarely write long articles these days)
Some more useful links:
Longer Academic Papers by John Ray
Johnray link
Academic home page
Academic Backup Page
General Backup for John Ray's writings
General Backup 2
My alternative Wikipedia
Alternative archives for this site
Selected reading
MONOGRAPH ON LEFTISM
CONSERVATISM AS HERESY
Rightism defined
Leftist Churches
Leftist Racism
Fascism is Leftist
Hitler a socialist
What are Leftists
Psychology of Left
Status Quo?
Leftism is authoritarian
James on Leftism
Irbe on Leftism
Beltt on Leftism
Critiques
Lakoff
Van Hiel
Sidanius
Kruglanski
Cautionary blogs about big Australian organizations:
TELSTRA
OPTUS
VODAFONE
AGL
St. George bank
Bank of Queensland
Queensland Police
QANTAS, a dying octopus
BIO
INTERESTING BLOGS
(My frequent reads are starred)
10 o'clock scholar
Agitator*
AMCGLTD
American Thinker
Anthropology & Econ
ASTUTE BLOGGERS
Baby Troll
Bad Eagle
Belmont Club*
Betsy's Page
Bill Keezer
Blackfive
Bleeding Brain
BLOGGER NEWS
Blowhards
Bob McCarty
Booker Rising
Brian Leiter scrutinized
Brothers Judd*
Brussels Journal
Bureaucrash
Candle in dark
Catallarchy*
Classical Values
Clayton Cramer*
Climate audit
Climate science
Colby Cosh
Cold Fury
Common-sense & Wonder*
Conservative Grapevine
Conservative Oasis
Conservative Voice
Conservatives Anonymous
Critical Mass
Cronaca*
Danegerus
Dean's World
Dhimmi Watch
Discover the networks
Discriminations
Dodge Blog
Dr Helen
Dr Sanity
Drunkablog
Ed Driscoll
Eddy Rants
Electric Venom
Endiana
Enter Stage Right
Eugene Undergound
Evangelical Ecologist
Fighting in the Shade
Fourth Rail
Free Patriot
Gates of Vienna
Gay and Right
Gene Expression*
Ghost of Flea
Global warming & Climate
Gold Dog
GOPUSA Alaska
Grumpy Old Sod
Hack Wilson
Hall of Record
Heretical Ideas
Hitler's Leftism
Hugh Hewitt
Hummers & Cigarettes
IMAO
Icecap
Inductivist
Instapunk
Intellectual Conservative
Interested Participant
Jihad Watch
Jim Kalb
Junk Food science
Junk Science
Just One Minute
KBJ
Knowledge is Power
Ladybird Deed
La Shawn
Laudator
Lone Wacko
Lubos Motl
Luskin
Mangan
Margaret Thatcher Foundation
Market Center
Maverick Philosopher
Medicine World
Michelle Malkin
Moderate Voice
Moorewatch
National Center
National Scene
Neo Con Blogger
Never Yet Melted
New Zeal Pundit
Northeastern Intelligence Network
Not PC
On the Right Side
Orator
Overlawyered
Parable Man
ParaPundit*
Pedestrian Infidel
Poli Pundit
Prof Bainbridge
Promethean Antagonist
Qando
Qohel
Random Observations
Rand Simberg
Random Jottings
Red State
Rhodey
Rhymes with Right
Right Nation
Right Thinking
Right Wing news
Roadkill
Ron Hebron
Rottweiler
Schansberg
SCSU Scholars*
Sharp Blades
Sharp Knife
Should Know
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10 comments:
The Lawsuit proceeds from the idea that being declared a platform is some sort of "right." It isn't. It derives from the behavior of the entity, not simply from their own self-declaratory status.
Twitter, by altering the tweets of individuals, has become an EDITOR, and therefor a PUBLISHER.
Sorry, they are going to lose.
When a social media company "adds" to someone's post either by comment or disclaimer they are injecting themselves into the conversation. At that point they are no longer just a platform, and have taken on the role of a participant (i.e. a publisher/editor/commentator).
Try explaining that to an Obama appointed judge.
When the social media companies decide to regulate speech they should expect to be regulated.
The user should open the Hotmail official website on the browser after that the user should click the sign-up button given in the left side of the page further enter a username of choice then enter a password twice, also further the user should enter a phone number and an alternate email ID for recovery purposes. If needed then the user can connect with the certified team of Hotmail technicians as and when needed.
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The law is clear and this Executive Order seeks an end around that law instead of going through the Congress for a change in the law.
Specifially, we are talking about Section 230 of the Communications Decency Act:
https://www.law.cornell.edu/uscode/text/47/230
Here's the relevant portion:
(c) Protection for “Good Samaritan” blocking and screening of offensive material
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of—
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1). (emphasis not in original)
By law, if an ISP or site restricts of edits content, they cannot be held liable under the law. If a site decides not to restrict or edit content, (other than illegal activities) they cannot be held responsible.
Anon 4:43 - Good find but in 1996 part of that law was struck down because it would infringe on the Free Speech rights of adults.
Given that this is directly a Political Speech and Free Speech issue it would be consistent to say that Section 230 protections would also fall as denying free speech.
Essentially, it may be the law but it's "bad law" and won't hold up when challenged and this is a challenge to it.
Anon 5:03,
Given that this is directly a Political Speech and Free Speech issue it would be consistent to say that Section 230 protections would also fall as denying free speech.
Except for the fact that the First Amendment and "free speech" does not apply to private companies. There is no law that requires a company to publish anything of this type. In fact, a Supreme Court case rules that a newspaper (Pittsburgh Gazette?) did not have to publish a opinion contrary to the editorial board even though the claimant said the refusal to publish was a denial of his First Amendment rights.
In fact, the SCOTUS has ruled that governments need not publish ideas that are contrary to those ideas and opinions they are putting forth. That case arose out of a government newsletter promoting an idea in the community and a person with a different opinion wanted the newsletter to publish a rebuttal. The Court said "no."
There is no right to demand that anyone use the facilities or product of another company. If people think Facebook or Twitter is wrong in their policies, go ahead and start your own social media site.
This is a good law unless you believe that the government should tell people what they have to say and what they cannot say.
Except for the fact that the First Amendment and "free speech" does not apply to private companies.
The previous ruling on this AND the court ruling forcing Trump to allow people to follow him on Twitter have already shown that is not true. The courts have already declared such as public forums which is in line with what the private companies are trying to provide as electronic services so, yes the First Amendment does apply and has already been used setting precedent.
Anon 2:01,
The previous ruling on this AND the court ruling forcing Trump to allow people to follow him on Twitter have already shown that is not true.
There is no previous ruling on forcing companies to open up their platforms or modes of expression.
I presume you are talking about the case of ASHCROFT, ATTORNEY GENERAL v. AMERICAN CIVIL LIBERTIES UNION et al, in which the Court decided that government requirements for censorship was legal, but in the case of the Child Online Protection Act, (COPA) was not narrowly tailored to meet a legitimate governmental aim.
That means the Court struck at the heart of government restrictions on speech and not private companies deciding what to publish or not publish themselves.
Here you are trying to argue that the government can force private companies to publish third party statements. The Supreme Court has ruled repeatedly against such so called "compelled speech" (West Virginia State Board of Education v. Barnette ) and most recently Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston is contrary to the First Amendment.
As for the Trump case, the Court did not say that Twitter, Facebook, Instagram, etc., must make Trump's official accounts public, but that Trump could not censor them and those who saw them.
The Court ruled that the Trump account was in fact a government account and therefore a First Amendment violation for Trump to censor what some people saw and did not see. The Court ruling applied to Trump as a public servant. However, the Court made it clear that Trump, or any official could have accounts as a private individual and as a private individual could not be forced to open up that account to anyone. In short, the government and actors cannot censor their message, but private actors - both companies and individuals - can.
Once again, Section 230 is not a violation of the First Amendment.
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