279 Comments

I've mentioned this before but it bears repeating for why they are doing this to you, Alex, and everyone else that gets in their way:

Why is it so vital and necessary for the combined monolithic apparatus of government, corporations, and NGOs, to brute force censor everyone while decimating the careers and reputations of the dissenters? Here is why:

The reason the First Amendment is prime directive order 1, is because it is the most important freedom we have for the same reason it is the first target an adversary subverts, disrupts, and destroys during a crime, a war, or a takeover—preventing a target from assembling, communicating, and organizing a response to an assult grants an enormous advantage to the aggressors.

This is and has been occurring all across the globe since the minute this COVID-19 fraud was propagated to every corner of the earth.

The Second Amendment is second because it is the remedy for anyone trying to subvert the First.

The fog of this war is purposefully thick—a massive labyrinth filled with wrong turns, dead ends, and long, interesting paths to nowhere—relentless discombobulation are important tentpoles of demoralization and destabilization.

tritorch.com/flim-flam-demic

Expand full comment

If twitter claims they are a "non-profit", let's try and help them along with that mission.

Expand full comment

Alex, with all due respect, as a lawyer myself I have to ask you, what does your counsel say about your public comments on the litigation (PS - Don't answer!). God Bless You.

Expand full comment

The comments I see here from lawyers are, I am sure, all true. It is precisely why "regular" people HATE the court and civil law system in this country. Cases drag out for years, cost a shit ton of money, and justice is rarely served. Lawyers make money and corporations get away with "murder," including real murder. I won't even mention the criminal law system. LOL.

Expand full comment

I like this part

"Twitter suspended Plaintiff’s account in August 2021 based on Plaintiff’s repeated

violations of Twitter’s COVID-19 misleading information policy. This policy is designed to permit

robust discussion of the pandemic while also preventing Twitter’s platform from being used to

promulgate falsehoods that might prevent the public from making informed decisions regarding

their health and put people and communities at risk."

By baring Alex in the MIDDLE of those "Robust Discussions" Twitter is guilty of "preventing the public from making informed decisions regarding their health and put people and communities at risk."

The discussion wasn't over, as is evident by the existence of this stack, which millions of twitter followers were warned against viewing as it contained the information Twitter deemed to "promulgate falsehoods".

Expand full comment

Honestly I'm a bit tired of the "my epic battle against those who shunned me at the lunch table" story, but if the end result is this incestuous cabal of big tech evil is brought to heel, or better yet, destroyed for the betterment of society, then I say Godspeed to Alex and his legal team.

Expand full comment

Even if Twatter begged with sacks of cash I would tell them where to stick their subversive mind-warping, totalitarian overbearing dictatorship.

I am on GETTR along with the rest of the free speakers.

Expand full comment

Where are all the major companies supporting the cause of the peaceful Canadian truckers.

Hey Coca cola and Air B n B, WHERE ARE YOUR DONATIONS?

Expand full comment

GO ALEX

Expand full comment

Twitter Soup Kitchen: cookin up BS for the masses

Expand full comment

@Alex - IMHO the key to winning against these guys is Fraud. Fraud nullifies all contracts present and past. It does not matter what you agreed to in the terms and conditions. It does not matter their claims of immunity. Their claims of covid disinformation standards is Fraudulent. There will be a paper trail to demonstrate this. Willful or not is about the amount of damages. Any lawyer of substance knows this.

Expand full comment

I mean, this platform successfully banned the President of the United States from its platform, and then they have successfully allowed a sitting President who spread wrong information about what these vaccines would accomplish, to remain on the platform. So it’s very clear that they blatantly allow one group of users to spread actual wrong information and another group is not allowed to be on their platform to share accurate information. So basically they have been and will continue to do whatever the hell they want and nobody does anything to stop them.

Expand full comment

Yep, they are comedians over at Twitter, that's for darn sure. Too bad their shareholders won't be as amused as I was to learn this startling bit of news. Thanks for the Motion to Dismiss, Alex. I will read it with as much interest as I read the (70 page) complaint. Uh huh, I am a nerd with too much time on my hands.

Expand full comment

Can’t tell you how many times I’ve filed a brief at the last minute. Last minute filings are not indicative of lack of merit in any way. In fact, I’d argue that some of the worst briefs I’ve read were filed early.

That said, still rooting for you!

Expand full comment
Feb 12, 2022·edited Feb 12, 2022

Alex, I have a hard time parsing out if your messages about the Twitter lawsuit are optimistic or naive. Either way, messages like this always ring hollow to me. You see Twitter doing something ridiculous or foolish. I see Twitter doing something because they know the court will side with them. They could file nothing but an image of a turd with "section 230" printed on it and they would still win.

Expand full comment

If Twitter is a non profit can it be on the stock exchange?

Expand full comment

Short it to zero and leave the platform, no audience no messages to not profit from

Expand full comment

As I’m sure Alex is aware they will keep this tied up in litigation for several years in order to financially drain the ‘little fish.’ I’m a recovering lawyer and this was the predominant strategy in my former civil litigation practice. Unfortunately it works extremely well in most cases of this nature.

Expand full comment

I joined you because I like reading your opinions whether I agree with them or not. I know that at some point you said you are not so good at reading and responding to posts yet I hope you read this. Response to me would be nice but not necessary. Movement on what I’m going to say is far more important. The government is allowed to lie and misrepresent regardless of the truth because the law forbidding our government from lying or propagandizing to its own citizens was changed by Obama. It is legal for them to lie with no legal acccoutability unless that law is changed. That law needs to be publicized and changed. Most Americans are probably not aware of this and many good hearted Americans that couldn’t believe our government would twist things needs this news to understand the many distorted messages. Please check this out and maybe help.

Expand full comment

That is hilarious. Kind of like a shopping mall saying it doesn’t make a profit because it doesn’t participate in the in store retail sales. I used to be embarrassed that I went to a second tier law school. Not anymore 🤣

Expand full comment

Interesting stuff..

As for timing, you’re dealing with lawyers. Lawyers are absolutely last minute absolutely all the time….

……

Good luck! Keep the pressure on.

Expand full comment

Every Complaint and Answer filed in a lawsuit is a “throw it against the wall and hope it stick”. That’s how it works. Just have to toe the line of ridiculous and frivolous.

Expand full comment

Well, as a recovering lawyer and former litigator, I totally understand getting a motion to the courthouse just ahead of a deadline. I practiced in California for nearly two decades (and had cases against Cooley, then called Cooley Godward), so seeing 28-line pleading paper again is a bit traumatizing.

I read a bit of the motion. I think they've probably got you on their First Amendment argument. The recent Prager University case is not your friend.

But, I've been urging others (e.g., Prager, Devin Nunes, a few others) to advance a theory under the State of California's First Amendment and, specifically, Pruneyard, for nearly a decade now. I'm glad to see someone finally take that lead and run with it. It may not prevail, but it's a super-interesting theory. If your judge (or, really, his/her clerks) has any spine, that could get you past a motion to dismiss: Whether Twitter is analogous to the large public forum that was the Pruneyard Shopping Mall should be a question of fact. That's all you need to defeat a 12(b)(6) motion to dismiss. Well, a question of fact and a judge with a spine is all you need. Best of luck.

Expand full comment

Slightly off-topic, but I think that we all need to redouble our efforts to constantly push back against the forces of darkness (yes, that includes Twitter) in any legal manner. I sent the following message yesterday to one local tyrant. I try to send one of these types of message per day to a deserving tyrannical actor (corporate, governmental, etc.). I reasonably believe that these types of messages, if received in sufficient number, make a difference in changing behavior. Please do the same (to any deserving tyrant - or mindless sheep) if you are so inclined. Thanks to all.

______________________________________

Dear Mayor Wu:

I grew up in Newton, MA. I have many fond memories of spending time throughout my childhood, teenage years and adulthood going into Boston for fun, culture and educational activities. My family often spent its hard earned money in Boston.

No longer will we do so. Please be advised that my family and I will no longer frequent any business located in Boston, nor will we travel to the City for any reason (unless absolutely necessary). We will only go to and spend money at/in jurisdictions that honor individual freedom. We will not support in any way the current system in place in Boston that discriminates based on medical choice. This is especially true since these so-called "vaccines" are not effective and are demonstrably unsafe. To force people to inject themselves with these experimental substances is fundamentally anti-American and flies in the face of medical evidence and bio-ethical principles.

The government of Boston (and MA more widely) has embarrassed this once great City (and State). Also, it is directly hurting businesses and organizations based in Boston, as we know that many others share our views. You must immediately revoke and rescind these discriminatory policies. Until that happens, we will not support in any way the City that we once loved.

History will judge you harshly unless you take immediate action to correct your clear errors.

Sincerely,

Expand full comment

Alex I am praying for your success in this lawsuit. We need to end this tyranny against anyone that wants to oppose those that are trying to control the narrative and people. Where I live people are done with Covid mandates and those that continue to push their Illegal emergency powers. Not too many are wearing masks and not many businesses are enforcing these mandates. Hey Newsom are you capable of reading the room yet?

Expand full comment

Know this! Canada has absolutely ZERO jurisdiction over how we manage our funds here at GiveSendGo. All funds for EVERY campaign on GiveSendGo flow directly to the recipients of those campaigns, not least of which is The Freedom Convoy campaign.

https://twitter.com/GiveSendGo/status/1491940399505682434

Expand full comment

Is a publicly traded company on the stock market, non-profit? Asking for a friend...

Expand full comment

Doesn’t charge users to post or send content? The price is your registered information. Your agreement to be endlessly tracked, followed and advertised to, which turns into payment for Twitter. Followers are information currency as well. It’s why I just hover around and find new nitter links to see content I want to see and even the comments show.

Expand full comment
Feb 12, 2022·edited Feb 12, 2022

Sorry. The idea that they do not intend to make a profit trafficking content is not valid. Twitter does charge users to post, send and consume content in the form of time and behavioral data, which Twitter retains to resell.

And resell it does, to the tune of almost $4B annually. 86% of its revenue is advertising -- reselling the time it charged users to use its platform, while the remainder is from data licensing, which is the sale of data about their user's behavior, usage, and demographics. This revenue is another form of profiting from the trafficking of content.

As to being "non-profit", well that is technically true. They lost about $1B generating revenue, but I can assure you remaining unprofitable is not their intent!

Expand full comment

Alex, they say “they don’t charge you” to send & receive messages. But they still make their money from us by selling our attention span to others for profit. In other words- we ARE the product that they are selling. For profit.

Expand full comment

Twitter is about as dumb as the Canadian government. Reinstate you and end all mandates. Problems solved.

Expand full comment

The URL to the case is not clickable. Consider making it a hyperlink.

Expand full comment

I have had enough with this BS, so I finally am a paid subscriber. I write in solidarity as one of the little people who has always considered herself to be a left of center Democrat (since I was old enough to vote). And, yes I've noticed incremental changes, the major hypocrisies taking place, like within the Clinton and Obama power structures, but now these narcissistic displays from the global elites, with legacy media prostituting themselves to the powers that be is just too much to take! And... since the Brain-dead, Biden Authoritarian takeover, nothing, absolutely nothing that is going on right now within the so called Democratic Party is even remotely recognizable. I love what you are doing, Alex, this David and Goliath story playing itself out. Remember, David wins in the end. ;) Thank you for your intellectual honesty, integrity and Courage! Go Brandon!! and Give them HELL, Alex!

Expand full comment

Twitter is a publicly traded company - how can it be a non-profit? Absurd! Liars, liars pants on fire!

Expand full comment

Off topic but not really as the general topic is authoritarian officials, NY is mandating as a human right that businesses post a salary range. So taking away civil liberties and body sovereignty aren’t human right issues but this is. LA is sure to follow next week. https://www.natlawreview.com/article/client-alert-amendment-to-new-york-city-human-rights-law?utm_source=Robly.com&utm_medium=email&utm_campaign=2022-02-08NLRNewYorkLegalNews&utm_content=0607e9b2b048a2ee5c962e403c31020a

Expand full comment

Their argument seems to be something like "We may well be a for-profit company, but that's not the same thing as carrying the messages for profit. We carry the messages for free - the only thing we do is post them and sell user data for-profit. The profit comes from our advertisers and data purchasers for the data harvesting and the eyballs."

Pretty subtle - ridiculous, but something that no doubt must be responded to. Just arguing they don't make a profit from their business isn't going to work unless the judge does the work for you.

Expand full comment

It's almost as if it's a bad idea for media companies and persons working in media to take it upon themselves to forbid people from using what words they want.

Expand full comment

Because lawyers have mucked up the legal system with dirty tactics, justice is hard to obtain. We no longer have justice system, a good friend who is a lawyer tells me, but a legal process system with many delays, diversions and stalls so that if justice ever prevails it takes years! Usually big money wins by making the other side spend all their resources on lawyers! Alex, hope you stay in the fight because it is going to be a long slog!

Expand full comment

Half of Silicon Valley??!! I laughed so hard I almost peed my pants. Little did you know you were so important!! 🤣😂🤣😂. We think you’re great Alex. Stick it to them.

Expand full comment

by the number of comments just here: you’re not alone, Alex!!!

Expand full comment

I'm sure Twitter's shareholders would like to hear how they are suddenly a non-profit.

Expand full comment

The well-known Trump meme also applies - sorry to say, Alex - to Alex:

"They're not really after me; they're after you.

I'm just in the way."

https://www.dropbox.com/s/fmtuvk10173knv8/They%27re%20after%20you.jpg?dl=0

Expand full comment

I left twatter 2 years ago in the hopes of making them truly non-profit. If everyone else follows suit, (see what I did there) then maybe they will go the way of the dodo.

Expand full comment

Alex-I hope you get an award of $1 billion.

Expand full comment

Alex: You probably can't answer here of course. However, for consideration: Do you have a legal defense fund set up on GiveSendGo or another platform? Do you want one? Are your lawyers lining up amici and/or think tank support? None of my business, I know, but I hope for your sake your firm is offering at least some kind of alternative pricing arrangement, such as reduced rates, a contingency fee, a success bonus, or some combination. I would love to think that your complaint will survive the Motion to Dismiss and Twitter will then become willing to negotiate, but I just don't know. I realize they are a non-profit and all, but even so, they have way more money than you.... My continued best to you.

Expand full comment

Terms of service with section 230 “Utility”…

“The Terms provide that Twitter “may suspend or terminate your account or cease providing you with all or part of [its] Services at any time for any or no reason[.]” (¶ 133

FOR NO REASON!!!!

By putting this in their “term of service” contract they are EXPLICITLY admitting they are NOT a protected utility…

A 230 LEGISLATIVE Protected “utility” with the purpose of a “free public square” CAN NOT TERMINATE such a vital human NECESSITY for NO REASON????

Expand full comment

I shared this post on Twitter fyi.

Expand full comment

Alex... can I post to Facebook and suggest people donate to a legal fund or simply subscribe. I think a lot of people would support you.

Expand full comment

You've got to hear this, from a Las Vegas school, when told they didn't have to mask. Even I could hear them screaming in joy. https://headlineusa.com/teacher-catches-kids-reacting-to-news-of-mask-liberation/?utm_source=HUSAemail&utm_medium=email&utm_campaign=HUSAemail

Expand full comment
Feb 12, 2022·edited Feb 12, 2022

You didn't come this far to get this far. David vs. Goliath 2022. Best of luck with this!

Expand full comment