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Fifth circuit gonna fifth circuit (Texas free speech decision)

Discussion in 'Too Hot for Swamp Gas' started by oragator1, May 12, 2022.

  1. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    I think this is a ploy by the people who left this site to get we moderators out of our thankless payless jobs. ;)

    Now how will we flex our power????
     
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  2. exiledgator

    exiledgator Gruntled

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    So much time, energy, and resources wasted on grandstanding legislation for look at me scumbags that have no interest in actually helping the citizens they represent.
     
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  3. wgbgator

    wgbgator Premium Member

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    Forget the 1st Amendment shredding, the law also says those companies have to do business there lol.
     
  4. duchen

    duchen VIP Member

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    The District Court in Florida and in Texas are right. Allowing this law to take effect is Another right ring assault on the First Amendment. This time by Judges that do not love freedom. If Texas wants an “anything goes” forum, it can start its own forum and then it can’t ban anyone. The idea that private Web based forums are somehow protected because the Texas law stares that does not require what federal law prohibits is laughable. That just invites suit after suit over moderated content. Win some. Lose some. But the chilling effect is apparent. And a “must do business requirement.” Exactly the same argument that the cake baker made that was so vigorously challenged in the right- in my view correctly— you can’t force someone to carry s message he or she doesn’t want to carry. And as long as we are adopting originalism, did the Constitution address private web based speech originally?
     
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  5. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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    I’m good with that
     
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  6. Trickster

    Trickster VIP Member

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    Or, someone repeatedly exhorting folks to get their guns and go kill all the liberals....or conservatives. Goes too far? If one says yes, then one has agreed in principle to regulation by the platform, and the question becomes what is reasonable. (There's also the problem of dictating what a private entity may or may not do.) The Fifth Circuit ruling is perplexing.
     
  7. pkaib01

    pkaib01 GC Hall of Fame

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    It would be a monumental power play for all the targeted social media platforms to turn off Texas. Put up a single page stating it's in response to Abbot and legislature's law that makes operating in Texas prohibitive.
     
  8. Trickster

    Trickster VIP Member

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    Ah, there's the rub.
     
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  9. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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    To me, the point is that it doesn't matter what is being rejected. The people who run the site have a right to reject anything they want. I think posts on the sports boards here get deleted for aggressively criticizing specific players.
    F-bombs are not allowed.

    Why? The people who run the board don't want them. And they get to make the rules. Simple as that. It has to work that way.

    A newspaper runs the letters to the editor that its staff decides to run and rejects the ones it doesn't want to run. It doesn't have to check with the government first to make sure it's OK.
     
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  10. Gatorhead

    Gatorhead GC Hall of Fame

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    Ray is working on it.......
     
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  11. ncargat1

    ncargat1 VIP Member

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    It is when you constantly lie and make up cr@p that is not true. That actually IS the definition of trash talking.
     
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  12. Trickster

    Trickster VIP Member

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    I think you’re right.
     
  13. WESGATORS

    WESGATORS Moderator VIP Member

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    Seems like there is a jurisdiction/enforcement issue. Twitter doesn't operate in Texas until or unless a user views content in Texas (assuming they have no facilities in Texas, which, I suppose they may). So if somebody from Texas sues twitter over a state law, why would Twitter care?

    Go GATORS!
    ,WESGATORS
     
  14. oragator1

    oragator1 Premium Member

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  15. pkaib01

    pkaib01 GC Hall of Fame

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  16. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    Opposing political views... it's free speech.
     
  17. mdgator05

    mdgator05 Premium Member

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    So is trash talking. The government shouldn't stop that either.
     
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  18. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    It doesn't limit it to political views, it says "viewpoints".
     
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  19. kygator

    kygator GC Hall of Fame

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    Damn, I was about to post some crazy offensive stuff. Let me know when GC gets to that number.
     
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  20. PITBOSS

    PITBOSS GC Hall of Fame

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    The constitution says gov shall make no law prohibiting freedom of speech.