Remember how you openly said you wanted to discriminate against my speech in the first paragraph of your motion to dismiss Berenson v. Twitter?
“—speech that Twitter found violates its COVID-19 misleading information policy and that Twitter does not want to disseminate.”
—
Yeah, you see it - I mean, your lawyers wrote it, of course you see it!
But then later in the same motion you cited a California Supreme Court’s 2001 decision called Golden Gateway Center at some length to argue that California’s constitutional free speech protections shouldn’t apply to me?
Because you claim to be more like a gated apartment complex which only allows tenants or their invitees than a shopping mall that encourages everyone to visit (let’s leave the patent absurdity of that claim aside for now).
Did y’all miss the part where the decision in Golden Gateway Center made reference to Laguna Publishing, a another California decision you conveniently forgot to mention anywhere in your pleading?
In Laguna Publishing, the Court of Appeal found the discriminatory enforcement of a ban on distributing commercial newspapers in a private, gated community unconstitutional. ( Id. at p. 844.) In contrast, the instant case [i.e. Golden Gateway] does not involve a discriminatory limitation on speech activities.[emphasis added] Because this case does not raise the same issue raised in Laguna Publishing, we decline to address it here and leave its resolution for another day.
Don’t worry, though, we definitely will NOT be raising this point in our response to the motion to dismiss - due in just three days. So no need to figure out which Cooley partner is responsible for that particular self-inflicted wound!
KEEP A COOL HEAD. but watch files disappear...send everything to multiply lawyers at different firms...hard copy things..most importantly, Keep a cool head. justice will prevail.
They will just continue to say that it's medical disinformation and hide behind that as much as possible. Liberals don't give a shit either about free speech, yall need to get that through your head. They will call you a fascist when they are the ones who support all the shit a fascist would. Over and out. #nevergiveup
Speaking out of both sides of their mouths while having armies of lawyers on hand is the main way they prevent anyone from challenging them. Too few have both the courage and wit to hang them with their own doublespeak. It is time to change that. I have a feeling, should you win, that it will create a domino effect resulting in similar lawsuits and with them, pain for Twitter in the only place it can be felt--in the pocketbook.
I remember a friend of mine saying he was going to stop following Alex because of something Alex said he disagreed with. I did to but I said I would not stop following Alex just b/c of one disagreement. This here is the main reason I'm glad I still follow him.
We can have our disagreements but overall Alex is fighting the good fight for all of us.
When in this entire absurd situation does Twitter have to acknowledge that they banned as "misinformation" something that was factually accurate?
The argument about free speech is important, however doesn't that imply that somehow what you said may have been wrong? Free speech arguments are usually framed as "you shouldn't have said it, but you're still free to say it." In this case, the tweet that violated Twitter's "misinformation" policy was patently NOT misinformation. It was accurate information that Twitter, in its sole discretion and for its own reasons, commercial or otherwise, decided it did not want distributed. So, it would seem to me that second phrase -- did not want to disseminate -- is the entire point.
You may also find fertile ground in the myriad mea culpas that Twitter has issued over the years for bans that were rescinded when found to be groundless. In this case, your offending Tweet has been proven accurate. At this point aren't they simply being capricious and even punitive?
Alex- Did you catch #1780 podcast Joe R. and Maajid Nawaz, FFW 2 hours 33 in. 9/20/19 "Twitter executive from middle east is British Army PsyOps Soldier". Gordon MacMillan, Twitter UK
Sorry to report that Vivek Murphy is out sick today. Suffering mightily from unintended repercussions of the cranial-rectum injection he gave himself the other day.
Alex, FOIAs revealed Xiden's HHS payola scheme to pay corporate media for party-line coverage of covid panic and promotion of vax, Vivek Murthy's openly using tech to shut down discussion, and previous FOIAs have revealed tech providing govt "special customer service contacts" for govt entities to request quashing of "troublesome" speech.
I suspect tech is being squeezed to censor for govt, obviously violating 1A, under threat of being broken up or losing their 230 privileges. Govt has become too comfortable and gotten very brazen. Discovery and FOIA on this topic would be very revealing.
Just a question, do sarcastic messages (true messages, but sarcastic nonetheless) like this have a potential to be used against you in the proceedings? Why tip off the opposition about your legal strategies? Just wondering.
My guess is in the end not a damn thing of substance comes from any of this. Just a lot of huff and puff and no legit accountability. And so it goes...
Wow that's an amazing miss. But this is all much bigger than just Twitter. Clarence Thomas nailed it when he said the first applies because there is collusion. Spring 2020 the local newspaper, which did a great investigative job on the rehab industry in CA, started publishing opinions pieces on why censorship was permitted. Then the WSJ did the same. I kept waiting for alternative opinions and when none came I canceled both papers. Bar Associations call for mandatory vax passports without peep on the other side. Justia's Verdict Blog is replete with chilling reasons that the government can sweep in to run your life via private companies. Anyone looking to courts for solutions should think twice. Jim Crow laws, Asexualization laws (Eugenics) and Executive order 9066 (internment of those of Japanese interment) were all uphold by 'learned' justices.
So I just got suspended from twitter for responding to Adam Kinzinger telling Bryce Mitchell that ww2 generation would love to slap him, by saying that any generation would love to slap kinzinger… why isn’t kinzinger suspended or even flagged for host tweet, apparently inviting violence
Twitter and the rest of the tech-facsists engage in the suppression of free speech. In other words they engage in viewpoint discrimination and injure people in the process. The list of offenses is extensive and should be held liable for damages in the billions and billions.
I pray that you will NOT COMPROMISE with Twitter and that you will absolutely CRUSH-IT... FOR WHAT THEY HAVE DONE and WHICH THEY (Twitter) CONTINUE TO DO TO SILENCE "THE FREE AND PEACE-LOVING PEOPLE OF THE WORLD!"
It was recognized by the US Founding Fathers that truth is difficult to determine. They decided that the best way to seek truth is to examine as much information as possible. When Galileo saw things in the skies that the Church did not agree with he was thrown in prison for disseminating 'Fake News.' When his 'Fake News' stood up to test and observation the Church found ways to incorporate his observations into Church doctrine. When the news differs from current doctrine the Founding Fathers preferred discussing, and testing the 'Fake News' to censoring it. Today, if you question the effects (doctrine) of COVID vaccines you are 'burned at the stake' as a heretic. If you are a physician you may lose your license even though there is sufficient evidence to warrant questioning the doctrine. There is certainly evidence that government (and social media) is trying to suppress dissenting information rather than risk that it is found to be correct. How many centuries did people watch approaching ships whose masts climbed higher above the water as they drew closer without realizing that if the earth were flat the ship would appear as a spot that appeared as an entire ship that grew larger as it drew closer to shore. Believing is seeing which is why freedom of expression is important.
The reason scientific theories are called theories is because that is what they are. Unlike physicians, scientists constantly test theories - the statement that something is established scientific fact is incorrect. Scientific theories are supported or not supported by observations. Unfortunately the original meaning of the word 'proof' has changed from 'tested' to 'established as truth.' In the 17th century, Newton, for example, came up with the theory that gravity is an attractive force that draws bodies of matter together. A new theory was published in 1915 that said that is incorrect. There is no such attractive force. Unlike Santa Claus and the Easter Bunny, people who cannot read and understand things very well, such as teachers, continue to tell children that while there is no Easter Bunny or Santa Claus there is a magic force called gravity. Oh, the 1915 theory is called The Theory of General Relativity and it was written by a guy known as Albert Einstein. So far most of the scientific research. for the most part, supports the theories (both Special and General) of relativity. There are a few issues with Quantum theory however... Right now it appears that God does play dice with the Universe.
An associate probably gave them the case, and they did not check it. Happens in bog firms. The associate looked for a holding that was agreeable, but did not check the facts.
Here, the case seems to have held that the gated community can limit speech, as long as it does not do so in a discriminatory manner.
Mop the floor with those guys!
Keep Pitbullin' Alex....dont let go of that pant leg....twitter sucks.
Keep at it, Alex. Fight the good fight.
But I have no faith in California courts.
Have the appeal ready to go.
KEEP A COOL HEAD. but watch files disappear...send everything to multiply lawyers at different firms...hard copy things..most importantly, Keep a cool head. justice will prevail.
Good for you Alex, your willingness to fight this is so appreciated!
Kick that bird out of the nest before it is ready to fly!! They are the pariahs of society!!
Wow, so they openly argue that if the speech violates their policy but they WANT to disseminate said speech, that's OK. Good luck with that.
Pulling for you, but are your lawyers ok with you blasting out legal strategy before motions are filed?
The odds are probably long but kudos to Alex for being “the man in the arena” and may he prevail for the sake of all.
Take no prisoners Alex! Go get em
They will just continue to say that it's medical disinformation and hide behind that as much as possible. Liberals don't give a shit either about free speech, yall need to get that through your head. They will call you a fascist when they are the ones who support all the shit a fascist would. Over and out. #nevergiveup
Speaking out of both sides of their mouths while having armies of lawyers on hand is the main way they prevent anyone from challenging them. Too few have both the courage and wit to hang them with their own doublespeak. It is time to change that. I have a feeling, should you win, that it will create a domino effect resulting in similar lawsuits and with them, pain for Twitter in the only place it can be felt--in the pocketbook.
Stick it to them.
Maybe the twits and the fakebooks were paid like the MSM was? They had $1B to burn...
Twitter - giving little birds a bad name since March 2006.
pound them into the ground Alex....then step on their corrupt neck when time comes for payment, do not settle....bankrupt them
This needs to be a class action law suit.
Defund the thought police one lawsuit at a time. Let the lawsuits compound and you achieve your goal.
I remember a friend of mine saying he was going to stop following Alex because of something Alex said he disagreed with. I did to but I said I would not stop following Alex just b/c of one disagreement. This here is the main reason I'm glad I still follow him.
We can have our disagreements but overall Alex is fighting the good fight for all of us.
When in this entire absurd situation does Twitter have to acknowledge that they banned as "misinformation" something that was factually accurate?
The argument about free speech is important, however doesn't that imply that somehow what you said may have been wrong? Free speech arguments are usually framed as "you shouldn't have said it, but you're still free to say it." In this case, the tweet that violated Twitter's "misinformation" policy was patently NOT misinformation. It was accurate information that Twitter, in its sole discretion and for its own reasons, commercial or otherwise, decided it did not want distributed. So, it would seem to me that second phrase -- did not want to disseminate -- is the entire point.
You may also find fertile ground in the myriad mea culpas that Twitter has issued over the years for bans that were rescinded when found to be groundless. In this case, your offending Tweet has been proven accurate. At this point aren't they simply being capricious and even punitive?
Such great entertainment! Thank you.
Who uses the word "hodgepodge" in a court document?
Which Cooley partner used the word " hodgepodge" in a motion?
Alex- Did you catch #1780 podcast Joe R. and Maajid Nawaz, FFW 2 hours 33 in. 9/20/19 "Twitter executive from middle east is British Army PsyOps Soldier". Gordon MacMillan, Twitter UK
Daaaanngg... How fun is this?!
One of the Cooley lawyers I know links to this page in their email signature: https://www.cooley.com/landing/racial-justice
Sorry to report that Vivek Murphy is out sick today. Suffering mightily from unintended repercussions of the cranial-rectum injection he gave himself the other day.
#Lawyers gonna #Lawyer; JUDGE GONNA’ JUDGE 👩💼
Thanks for letting us in on all of this. Make sure your lawyer knows about these newsletters in case you are showing your hand too much!
Alex, FOIAs revealed Xiden's HHS payola scheme to pay corporate media for party-line coverage of covid panic and promotion of vax, Vivek Murthy's openly using tech to shut down discussion, and previous FOIAs have revealed tech providing govt "special customer service contacts" for govt entities to request quashing of "troublesome" speech.
I suspect tech is being squeezed to censor for govt, obviously violating 1A, under threat of being broken up or losing their 230 privileges. Govt has become too comfortable and gotten very brazen. Discovery and FOIA on this topic would be very revealing.
Just a question, do sarcastic messages (true messages, but sarcastic nonetheless) like this have a potential to be used against you in the proceedings? Why tip off the opposition about your legal strategies? Just wondering.
Go for the jugular. Forget grabbing onto the pant leg and not letting go..
Good luck, Alex
You are one of the good ones Alex! I believe you will prevail, and be one of a few Bernstein’s of our time.
My guess is in the end not a damn thing of substance comes from any of this. Just a lot of huff and puff and no legit accountability. And so it goes...
Wow that's an amazing miss. But this is all much bigger than just Twitter. Clarence Thomas nailed it when he said the first applies because there is collusion. Spring 2020 the local newspaper, which did a great investigative job on the rehab industry in CA, started publishing opinions pieces on why censorship was permitted. Then the WSJ did the same. I kept waiting for alternative opinions and when none came I canceled both papers. Bar Associations call for mandatory vax passports without peep on the other side. Justia's Verdict Blog is replete with chilling reasons that the government can sweep in to run your life via private companies. Anyone looking to courts for solutions should think twice. Jim Crow laws, Asexualization laws (Eugenics) and Executive order 9066 (internment of those of Japanese interment) were all uphold by 'learned' justices.
So I just got suspended from twitter for responding to Adam Kinzinger telling Bryce Mitchell that ww2 generation would love to slap him, by saying that any generation would love to slap kinzinger… why isn’t kinzinger suspended or even flagged for host tweet, apparently inviting violence
Go Alex Go!
Kick their butts Alex! But please take a look at the recent excellent data on Ivermectin.
Twitter and the rest of the tech-facsists engage in the suppression of free speech. In other words they engage in viewpoint discrimination and injure people in the process. The list of offenses is extensive and should be held liable for damages in the billions and billions.
I pray that you will NOT COMPROMISE with Twitter and that you will absolutely CRUSH-IT... FOR WHAT THEY HAVE DONE and WHICH THEY (Twitter) CONTINUE TO DO TO SILENCE "THE FREE AND PEACE-LOVING PEOPLE OF THE WORLD!"
It was recognized by the US Founding Fathers that truth is difficult to determine. They decided that the best way to seek truth is to examine as much information as possible. When Galileo saw things in the skies that the Church did not agree with he was thrown in prison for disseminating 'Fake News.' When his 'Fake News' stood up to test and observation the Church found ways to incorporate his observations into Church doctrine. When the news differs from current doctrine the Founding Fathers preferred discussing, and testing the 'Fake News' to censoring it. Today, if you question the effects (doctrine) of COVID vaccines you are 'burned at the stake' as a heretic. If you are a physician you may lose your license even though there is sufficient evidence to warrant questioning the doctrine. There is certainly evidence that government (and social media) is trying to suppress dissenting information rather than risk that it is found to be correct. How many centuries did people watch approaching ships whose masts climbed higher above the water as they drew closer without realizing that if the earth were flat the ship would appear as a spot that appeared as an entire ship that grew larger as it drew closer to shore. Believing is seeing which is why freedom of expression is important.
The reason scientific theories are called theories is because that is what they are. Unlike physicians, scientists constantly test theories - the statement that something is established scientific fact is incorrect. Scientific theories are supported or not supported by observations. Unfortunately the original meaning of the word 'proof' has changed from 'tested' to 'established as truth.' In the 17th century, Newton, for example, came up with the theory that gravity is an attractive force that draws bodies of matter together. A new theory was published in 1915 that said that is incorrect. There is no such attractive force. Unlike Santa Claus and the Easter Bunny, people who cannot read and understand things very well, such as teachers, continue to tell children that while there is no Easter Bunny or Santa Claus there is a magic force called gravity. Oh, the 1915 theory is called The Theory of General Relativity and it was written by a guy known as Albert Einstein. So far most of the scientific research. for the most part, supports the theories (both Special and General) of relativity. There are a few issues with Quantum theory however... Right now it appears that God does play dice with the Universe.
🥊🥊🥊🥊
An associate probably gave them the case, and they did not check it. Happens in bog firms. The associate looked for a holding that was agreeable, but did not check the facts.
Here, the case seems to have held that the gated community can limit speech, as long as it does not do so in a discriminatory manner.
F--K: facebook, twitter, google/YouTube, and the mainstream media. I hope you beat these guys in court.
Kick some birdy's ass Alex
Like that study on ivermectin? Guessing you won’t mention it.. cuz you were WRONG.
Twitter getting the shit smacked out of them by a judge would be so uplifting.
Already a paying subscriber. Let us know if you set up a legal fund. I’ll definitely contribute.
Alex -- Thank you for keeping up the pressure. Eventually, their house of cards will fall.