Let's talk about this North Dakota attempt to legislate around Section 230 and create a civil right of action for users censored by social media sites. CC @mmasnick
First of all, who gets to decide whether content fits into these highlighted categories? Do they actually think that the government will get to decide what counts as "otherwise objectionable"?
Also, what's "excessively violent"? "Violent" has a potential objective meaning, but
And, again, not one that the government gets to make for private citizens, under the First Amendment
In other words, this law would create liability only if social media sites banned users for content THE SITE ITSELF was fine with
More from Akiva Cohen
Here's the meat of their intro: Amazon isn't being fair to us. They're holding us to a higher standard than Twitter - they say we allow violent content, but look what Twitter does!
There are a few problems with this approach. First, there's a factual problem: Twitter and Parler take very different approaches to moderation. Hell, *that's Parler's entire pitch.* So "we're the same as Twitter, why are you treating us different" isn't going to fly
ALSO, the hashtag was mostly people saying "these folks are calling to hang Mike
Five minutes of scrolling a search for #hangmikepence, a gallery: pic.twitter.com/40hsyJNK50
— Jawafawa (@jawafawa) January 11, 2021
And ALSO also, did anyone notice any prominent right wingers complaining about losing tens of thousands of followers yesterday? You know why they did? Because Twitter has been active in deleting accounts that violate its TOS
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
More from Government
Canada: Falling Far Short On Climate Policy, Emissions Reduction and Energy Transition #cdnpoli #bcpoli #alpolitics #onpoli @JimHarris @MikeHudema @SethDKlein @ElizabethMay @CitizensLobbyCa @lulex @kainagata https://t.co/jhm1TXvAKN pic.twitter.com/yEPINC5PTr
— Below2\xb0C (@Below2C_) December 29, 2020
Covid recovery money is going to the oligarchy.
Ottawa and the provinces have put very little on the table to help clean-tech companies directly during Covid 19 while targeting fossil-fuel producers with more than $16 billion in aid.
Coast to coast people have demanded treaties be honored. We demanded climate action, divestment and land back but Canada is not listening. This video shows 10 years of rallies in Waterloo Ontario. City & regional council declared a climate emergency. 🚨
The Bank of China (BOC), SNC-Lavalin and WE Charity were recipients of taxpayer-funded the Covid 19 Canadian Emergency Wage Subsidy (CEWS)
"Voters don\u2019t care about how the D\u2019Hondt system works or about how you\u2019d geographically carve up a regional assembly... They want results.\u2070"@spellar on why Labour should stop obsessing over constitutional issues: https://t.co/W0zsire5xI
— LabourList (@LabourList) February 11, 2021
The state of our constitution is a bit like the state of the neglected electric wiring in an old house. If you are moving into the house, sorting it out is a bit tedious. Couldn’t you spend the time and money on a new sound system?
But if you ignore the wiring, you’ll find that you can’t safely install the new sound system. And your house may well catch fire.
Any programme for social democratic government requires a state with capacity, and a state that has clear mechanisms of accountability, for all the big and all the small decisions that in takes, in which people have confidence.
That is not a description of the modern UK state.