141 Comments

Alex, as I read the comments, you may have been a little too subtle this time.

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Right. Just STAY in the game, Alex. More than you need this. Stay in the game. The peanut gallery is with you.

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May 8, 2022Edited
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I don't care

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I got it right away.

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Our judiciary is corrupt, like everything else. The End.

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Exactly what I was thinking. This notion that they are a check and balance against the legislature is pure theatre. Comedy theatre or tragedy theatre depending one’s mood.

They are appointed by the politicians and they want to keep being appointed or move higher. Being a maverick ain’t gonna get them very far.

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^^This. Exactly this.^^

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ASensibleMan, under what legal justification could the judge rule in favor of Trump?

"The First Amendment only prevents government restrictions on speech. It does not prevent restrictions on speech imposed by private individuals or businesses."

https://www.ala.org/advocacy/intfreedom/censorship

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Well we know the Whitehouse has publicly stated they have spoken to big tech about reigning in 'misinformation'.

Sounds suspiciously like the government is attempting to restrict free speech within private businesses.

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Zakrocz, are you saying the government has no obligation to respond to misinformation? Should we have a free-for-all with no restrictions?

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And just who gets to decide what comprises misinformation? The Democrats, of course.

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OF course. Anthony Fauci can spout off whatever he likes without producing evidence to back it up. CNN and MSNBC play his message and the NY Slimes and Washington Compost will print his politically motivated health messages. The problem isn't misinformation, the problem is people that censor free speech under the guise of protecting the public from misinformation. We don't need government to protect us from lies, most of us are smart enough to figure out what's true or not for ourselves.

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Yes, we should have a free-for-all with no restrictions. You should be free to release all the misinformation that you want and if you are too stupid to figure out what's misinformation and what's true on your own, then you're too stupid to have government protect you. I actually have no problem with CNN and MSNBC releasing all that fake news political propaganda for the left-wing democrats. What I have a problem with is when Democrats want to label media and news as "misinformation" whenever they don't like the messaging or the narrative. Restrictions for "misinformation" is basically political censorship and conservative republicans will be on the losing end of that.

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Sylvan, by your logic: “…if you are too stupid to figure out what's misinformation….” There should be no problem having the government say something is misinformation; after all, an intelligent person would know what the government is doing!

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This is true. The problem is that once the government gets involved, anyone who speaks out against them will be persecuted. You won't even have people willing to run as a candidate against the grain of the establishment. I'm sure there are plenty of intelligent people in China that know exactly what the government is doing but they dare not speak up. And by the way, a lot of people are too stupid to figure out that Fauci/The CDC, CNN, MSNBC, etc are fake news and sources of disinformation, so having the government get in on the act is only going to make things worse. Because we know that the "Ministry of Disinformation" will support CNN and MSNBC and will squash conservative news sources. If you've ever read about Winston in George Orwell's 1984, he's aware of what the government is doing but he knows he'll be tortured and persecuted if he speaks out. The first and second amendment make our country unique and great, let's try to keep them intact.

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Yes

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Go back to Twitter 7-10 years ago and there were no restrictions. Same with YouTube. This lasted until the spoiled rotten babies of the left started complaining.

There is still plenty of good stuff on both. I go to YouTube 5 times a day and Twitter the same. Twitter is very valuable on the Russian invasion in Ukraine. My guess is they restrict some pro-Russian Tweets and Tweeters.

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Other people have spoken for me, nothing more to add other than you imply that government should decide the truth and government should be in charge of what information the people are allowed to see, which is pretty much where we are heading in western societies.

Big tech is increasingly being run by ex government and intelligence operatives.

Here's an eye opening report about how the US branch of Tik Tok is being taken over by US intelligence agencies, ex government and ex NATO personnel.

https://www.mintpressnews.com/?s=Tik+tok

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zakrocz, how does a government get around the first amendment?

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They do it by getting in bed with Big Tech and mainstream media companies and using Google, Facebook, CNN, The New York Times and squashing dissenting opinion, censoring or shadowbanning alternate viewpoints, and defaming people that speak out. Remember when Facebook took down posts of people coordinating a march against the lockdowns in 2020? Remember when YouTube took down videos of Dr. Erickson, the owner of health clinics in CA, who said that he thought covid-19 was a highly treatable disease and that he's not seen the death that the media is portraying in his clinics? All of this is a way to trample your first amendment rights -- and it's working

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Right because people are too stupid to decide for themselves, and ain't that the truth. Big Brother to the rescue!

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Yes

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Twitter enforces its stated Terms of Service in wildly different ways based on political agendas.

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ASensibleMan, is that your perception, or do you have facts to back that up?

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You gotta be kidding me.

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I wish I were kidding. There’s too much perception is reality, when it’s not. It is nothing more than a fairytale if you can’t back it up with facts!

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There are many times when the first is applied to various private entities. Remember the bakery who didn’t want to bake a wedding cake for a gay couple? The commerce clause is often used to apply constitutional rights to private entities. It is how the separate but equal doctrine was chipped away. It triggers an analysis which seems to not have happened for Trump’s case.

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Then free speech is not a right according to your logic. The government is prohibited from abridging our free speech but not required to protect it by punishing those who violate it? I reject your understanding of rights and the resultant responsibilities - and limitations - placed on our government by the Constitution.

Let's examine other rights such as life or liberty. Must the government simply restrict itself from violating my life or liberty but has no role in ensuring that others who violate my life or liberty are prevented/punished when they do so? If that is the case then I do not need the government. I do not need to give some temporary authority to the government to do - maintain order and protect my rights - what I have to do myself anyway when confronted with a private individual or business that is violating those rights.

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Have you heard of the judiciary and law?

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Same thing that happened with any and all of Trump’s election suits and allegations. The real Big Lie is that they were all rejected in their merits by the courts. The truth is they were all tossed out on technicalities and never saw the light of day.

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This is why I'm thankful to/for Substack. At least some people can access the truth.

https://markoshinskie8de.substack.com/p/coronamania-made-dying-unacceptable?s=w

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Thank you, Mark, for your touching essay. My parents are 92, and I share your feelings about the whole COVID scam. Just wanted to add that I was mostly afraid that if my parents were to to get sick, they would have to die alone without anyone holding their hand, cooking a meal or simply bringing a glass of water. We all need help mostly when we’re are vulnerable. Requiring everyone to quarantine and denying sick and elderly people contact with their families when they need it more than ever was brutally inhumane.

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This is very good, Mark and I'm sorry your parents aren't able to hear the truth from you. So much heartbreaking stuff the past two years.

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Agree Mark!

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you are an amazing writer. Love reading your stuff. My father and stepmother are of a similar mindset as your folks. They are tied to the Dem party and it can't be unbroken. I keep telling them Tip O'Neill is dead but they do love their CNN and CNN wins.

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Very well said, I couldn’t agree more!

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It's such an abortion of justice, Alex.

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Is this true then?

“ But San Francisco federal district court Judge James Donato left the door open for Trump and other plaintiffs to file an amended complaint against Twitter that is consistent with his written decision Friday to toss the lawsuit in its entirety.”

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where did you see that? That is amazing news.

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Trying to fight LIBTARDS in California is not the smartest move ... judges there are elected because they themselves are libtards

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If the company you’re suing is headquartered in CA you have no choice.

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More than half the country now sees what’s really going on here and it’s that court of public opinion that will shine this November, in the mid-terms. It’s already started in Ohio. Thanks #45 for showing me the BS of the left and turning this Latino “red”.

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You will be a hero of this time when history is written - assuming we aren't annihilated by nuclear war, and that the US reverts to democracy and adherence to constitutional protections. I saw the film 2000 Mules in NYC several nights ago and yet again am shocked, this time that there has not been investigation by the FBI, that there has been no interest by the Justice Department. After all the lies I still expect honor somehow. Yet that film offering objective verifiable evidence of widespread calculated voter fraud received no press that I could find. And it should be front page news and people must be held accountable so it is not repeated by either party. Ever. Your action with Twitter is a big deal. As is Elon Musk's purchase. He too will be seen as a hero.

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I hope it turns out you’re right about Musk, but I fear he’s part of this cabal too. He has plenty of questionable stances regarding transhumanism.

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Elon’s already being painted as a RACIST. He grew up during apartheid in S. Africa therefore racism is baked into his brain. 🙄 The lying and gaslighting never ends.

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Please reach out to Dr Shiva, he has a court case which exposed during discovery that the Federal Government and Big Tech are working together. It’s proven in his court case which he could give you the information.

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It's quite clear listening to Peppermint Patty (the Brandon spokesperson with gasoline-colored hair) that Big Tech and Big Govt are in cahoots.

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FJB & Twitter

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why is the N. California district your favorite now? I don’t understand your comment

I am 8th generation, Californian.

Northern California has been bastardized more then other areas of California ~ the true intention of California, free spirit of the American West!

SF has been taken, LA is the next takedown- good luck to you, truly! God speed

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Because Alex survived thus far. Even in N Cal. Which is amazing.

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I didn't understand it either.

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May 7, 2022Edited
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sounds about right.

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May 7, 2022
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If you removed Austin, Texas would be Texas.

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You’re right, Momabear! It’s why I left Texas after being a lifelong Texan. It bears no resemblance to its former and wonderful self.

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Trump needs to appeal the motion

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Reminds me of Sharyl Attkisson's lawsuit against the dept of justice regarding their surveillance of her computers. Was thrown out because she failed to name specific agents being accused of surveillance. But despite evidence of her computer being hacked with keystroke logging spyware she wasn't allowed any discovery inside the FBI to name such agents.

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is there any doubt the media & govt. are "working hand in glove"?

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All this lawyer talk, translate to plan English. Is this ruling good for free speech or bad?

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I think it sides with the exercise of free speech of the corporation, meaning they can censor at will. We need to get rid of that personhood for non-human entities.

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It's not person good that kills speach, it's platform vs publisher. When you make editorial decisions, you are a publisher! Law needs to catch up to technology.

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Technology doesn’t give a flying crap about “law!” Big Tech thinks it’s invincible — and idiot, biased, leftist judges make it so. The corruption is so deep, it’s almost beyond comprehension!

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What would Mitt "Pierre Delecto" Romney say?

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This brief video sums it up: https://youtu.be/bphR-6Xi1_I

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What else do you expect from a Federal judge in the upside down state of California? BTW. My doc in Oklahoma says he is getting a lot of new clients. Most are citizens migrating from California. They are massively Red in their political orientation. Okies use to migrate to California because of dirt....in the air called the Dust Bowl. I think the reverse migration of Californians to Oklahoma is also caused by dirt. Dirt in Capital in Sacramento!

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We the people must lean the art of removing judges from the bench.

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It's becoming more evident that our government is/was at the root of the censorship of multiple user accounts. If social media companies weren't run by left-leaning liberals, couldn't the executives push back and use their own free speech rights for the benefit of their users? I hope Musk will take this stand. The governmental censorship trend is affecting users all across the globe. Why now? The Internet's been around for more than a generation so it seems the Pandemic makes a perfect example for their justification.

Recommend reading (no paywall): https://greenwald.substack.com/p/homeland-securitys-disinformation

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Not one 2020 argument was heard...why would this be?

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WHEW!!!

I looked quickly at the headline, and for a fleeting second thought it was YOUR lawsuit, Alex.

Sheesh!

I'm refilling my glass of wine now.

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iknowright?!

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Big tech can ban anyone due to 230 but also here's what you haven't heard yet, anyone can sue based on antitrust, see ... "A Q&A guide to private antitrust litigation in the United States."

(mentions conspiracy 12 times)

https://content.next.westlaw.com/6-632-8692?__lrTS=20210213235748824

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Their day is coming, mark my words. When the good half of America snaps, nothing and I mean nothing will save them. I don't like saying it, but I just can't figure out how America is rejuvenated without the total elimination of many. It's simply not possible.

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nice angle

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Good thing the judge in your case feels differently.

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Why is the Northern District of CA your new fav? Please don’t say because it dismissed President Trump’s suit but not yours. That’d be petty and frankly shortsighted because if a Democrat journalist is reinstated on Twitter, but not the rest of the folks who were banned, what do we have? NOTHING.

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Another Barack Obama appointed communist criminal.

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I understand your pride, but it would be helpful if you explained why those suits did not survive MTD and yours did.

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At least Politico reported on your lawsuit surviving motion to dismiss, right?

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Can a dismissal be appealed? Does anyone know the Judge's home address so we can "Protest"?

Just joking, protesting in front of a Federal judges home is a crime which carries fines and incarceration. If anyone but a Lefty tried it they will be the Jan 6 crew cell mates.

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It's important to remember how long the tobacco company litigations took. It is going to be an issue of death by a thousand cuts ie suits coming from numerous angles and the few lucky ones breaking in so to eventually expose via discovery that eventually enables the necessary class actions etc.

Beyond states pushing forward on cases (https://cdn.locals.com/documents/47656/47656_ola9ujluwxfwqux.pdf) other angles are ripe for exploration outside of state action. Consider Hush-A-Phone Corp. v. United States (https://www.courtlistener.com/opinion/240655/hush-a-phone-corporation-and-harry-c-tuttle-v-united-states-of-america/) where it was held "Tariffs on Hush-A-Phone device were unwarranted interference with telephone subscriber's right reasonably to use his telephone in ways which are privately beneficial without being publicly detrimental." - this bring into question usage of technical devices or that of technical instruments ie twitter and the subscriber (user) right to reasonably use instrument in ways that are privately beneficial. The test will be public detriment however a good attorney could then highlight J&J recent news et al to question what shall be considered publicly detrimental and if intent was ill devised by poster or not etc.

Nonetheless, this is a two decade long fight if not longer.

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You don't have many friends do you, Alex? I'm praying for a fun and lively case in Berenson V. Twitter for us all to follow!

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Live TV like this week? Oy.

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Why does anyone think they have a right to force another person or company to do what they want? The problem isn't twit, it's the twits who continue to use it

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I was outraged to hear that Tucker Carlson had instructed his guest from True the Vote not to mention the movie, 2000 Mules or Dinesh d’Sousa. I had figured that was the case, but it was just confirmed by Dinesh D.

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I am still stunned that our country is apparently OK with liberal activists censoring a sitting President. These social media platforms are really public utilities and should be treated as such.

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Exciting stuff

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I guess I don’t understand. If 230 says they can’t be held responsible for what’s said, why do they get to determine what gets to be said?

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John Paul Mac Issak might be a good start? He’s the laptop guy. He’s suing CNN & many government agencies presumably over the handling of mishandling of laptop information. He literally left his business, home & everything because of the corruption and fear he had/has. You know more about this guy than me but seems like a legit dude. Hunter Biden might be your answer to media & government corruption. ? Also, how about the J & J starting to limit vaccine use? After all this time it’s determined harmful! It only took 9 deaths and probably thousands of blood clots! Daily Mail had articles on both.

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Omigod! The forces of evil seem well aligned. That’s not good.

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I just heard on radio yesterday an advertisement for Pfizer pills to combat Covid. Isn’t that remarkable? I bet they tweaked the already existing anti-virals FDA approved for.. say.. Lyme disease?! It’s important you receive medical care early, within 5 days if diagnosis. Well, then is the “emergency use” of the Covid Vaccine ending? I thought emergency use stipulates it’s approved only when there isn’t an equally successful treatment? ( isn’t THAT the real reason HCQ & Ivermectin are not used or available in U.S.? ). Thanks Pfizer for always looking out for us! Alex, there’s a way to pry this evil can of corruption wide open. It’s through the back door. Not sure how yet but maybe a disgruntled media guru will search their soul for redemption. It could happen! ( a new Snowden). And remember Capote was arrested for tax evasion. Not ordering all the murders and corruption. Don’t give up! Don’t give up! Don’t give up! You’re closer than you think. It’s like Musk says, “ light is a great disinfectant”. Shine a light! 🔦

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I watch the news every day so I am super well informed. Biden is doing a great job and Twitter doesn't have a censorship problem. I just hope that Twitters employees can stop that bad man Musk from wrecking the free speech that so many people enjoy since they got rid of that bad orange man and the rest of those troublemakers like the Babylon Bee.

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That s#cks and so does Judge James Donato. Oink oink

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Alex,

Have you thought about reporting on the zero Covid policy and lockdowns in China? If virus gonna virus and if lockdowns are death, then China is self destructing. How stupid! Do they actually believe they can eliminate the virus? I find this story to be fascinating but not seeing good reporting on it.

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It appears these individual cases are like trying to hold back a tsunami. Maybe a class action suit would be better. But at least the judiciary hasn't become political ....

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Frustrating though; just as with the conundrum of Trump Election Fraud trials not being able to demonstrate status because there was no legal remedy available (Judges could not undue the election)...such that you had the ridiculous notion that you had to sue for fraud before the fraud was committed...the evidence is there but how to get it into court?...Twitter is a public company but can't be protected against violations of its own Rules? ...

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Are we talking the kind of protective orders that keep "proprietary information" secret?

Now, who would want to do that?

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Folks, as someone in the litigation field, I want to remind you that ALL judges are appointed by their party members in govt ( Pres, Gov etc) or elected by running under their party banner. Blue regions and states elect blue judges and vise versa. Bar Associations mostly all lien left or far left. Attorneys who want Judgeships or AG or DA sometimes Sect. of State, are all political appointees or elected by running on party banner. Judges just aren’t promoted like regular jobs. They’re attorneys who made sure they were noticed and heavily affiliated with party folks and ranking officials to get that appointment or place on party ballot. I keep emphasizing “party”. Lady Justice may be blind, but no one else is.

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I don't think declaring 230 unconstitutional is the way to go.. just enforce it properly. Force them to act like a platform, which is what Alex's suit is doing

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Need to go at it from a different legal angle? Perhaps the violations are anti-Trust, unfair practices rather than 1st A ? I think there's an unfair business practice in an open marketplace that may fall under our Sherman Anti-Trust Acts. But I'm not a legal professional.

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trump should be a doctor. together with gates.

here is gates on May 5, 2022 - looking at Operation Warp speed in retrospective.

mRNA vaxx decision will be viewed as the worst Presidential decision ever.

https://twitter.com/TheNo1Waffler/status/1522271917696294912

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