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Devin Nunes Faces an Uphill Battle in His Lawsuit Against Twitter (nbcnews.com)
Devin Nunes, R-Calif., escalated the feud between conservatives and Twitter earlier this week with a lawsuit accusing the company of defamation and negligence -- two different allegations, one of which poses a more serious question for the social media platform and technology companies in general. Nunes is claiming that Twitter negligently violated its terms of service when it allowed people onto its online "premises" to say false or disparaging things about him. He is seeking $250 million in damages due to "pain, insult, embarrassment, humiliation, emotional distress and mental suffering, and injury to [Nunes'] personal and professional reputations" brought on by what Twitter users said about him.
From a report: Defamation is an interesting legal matter to discuss, at least in theory, but suing for defamation is seldom profitable in reality. Negligence may not sound as exciting as defamation, but this theory of liability quietly drives most successful civil litigation. Relatively easy to prove, it generally requires that the defendant show conduct that came up short of what can be expected, and that this shortcoming caused the plaintiff's damages. [...] The primary reason that technology companies are not sued into oblivion is the existence of the Communications Decency Act, or CDA, and in particular Section 230, which states that providers of an interactive computer service shall not be treated as the publisher or speaker of any information provided by another information content provider. Ordinarily, a lawsuit like this is properly filed against the Twitter user or account (like "Devin Nunes' Mom") and not Twitter itself.
Section 230 and the CDA have become the targets of growing backlash against the idea that technology companies should not be held responsible for what is published on their platforms. Technology companies have voluntarily taken steps to moderate some content, such as extremism, conspiracy theories and fake news, but most personal insults and parodies are still allowed to flourish. Section 230, however, isn't necessarily bulletproof. At least one federal court has stressed that the statute does not "create a lawless no-man's-land on the internet." That provides some basis for Nunes' claim that Twitter has been negligent in keeping its platform from being used to spread damaging statements about him. But a negligence claim against Twitter may still be precluded by the CDA. The test is whether the cause of action requires the court to treat Twitter as the publisher or speaker of content provided by another. In the meantime, one of the Twitter parody accounts that is mocking Nunes -- Devin Nunes' Cow (@DevinCow) -- has gained a lot of attention, with its followers count jumping from about 1200 followers last week to more than 615,000 followers -- and in doing so, surpassed the number of followers Devin Nunes has (about 399k).
Section 230 and the CDA have become the targets of growing backlash against the idea that technology companies should not be held responsible for what is published on their platforms. Technology companies have voluntarily taken steps to moderate some content, such as extremism, conspiracy theories and fake news, but most personal insults and parodies are still allowed to flourish. Section 230, however, isn't necessarily bulletproof. At least one federal court has stressed that the statute does not "create a lawless no-man's-land on the internet." That provides some basis for Nunes' claim that Twitter has been negligent in keeping its platform from being used to spread damaging statements about him. But a negligence claim against Twitter may still be precluded by the CDA. The test is whether the cause of action requires the court to treat Twitter as the publisher or speaker of content provided by another. In the meantime, one of the Twitter parody accounts that is mocking Nunes -- Devin Nunes' Cow (@DevinCow) -- has gained a lot of attention, with its followers count jumping from about 1200 followers last week to more than 615,000 followers -- and in doing so, surpassed the number of followers Devin Nunes has (about 399k).
Dude has a pretty high opinion of himself, been hanging around Trump too long.
He's a Trump lap dog. Why did the people in his CA district vote for him in 2018? It doesn't make any fucking sense. When I see his kind of shit, I just feel like there's no hope.
If he really thinks anyone could further inure his personal and professional reputation, he's delusional.
The lawsuit isn't really about winning. He's trying to force Twitter's blatant hypocrisy into the spotlight. Try and create an account called "Obama's Cow" or "Hillary Clinton's Mom" and see how fast Twitter bans you.
Part of his lawsuit also contains discovery to try and force Twitter to admit that they shadowbanned him, causing his tweets not to show up in search results and causing his (and other conservative accounts) not to be capable of influencing what Twitter considers "trending." It's well known that Twitter routinely shadowbans prominent conservatives, to the point that Jack Dorsey has even admitted such, but there's never been any real proof or any consequence to it. I suspect the lawsuit is to more intended to generate headlines and make people aware of what Twitter's doing, than expecting to be able to actually win a $250M judgement.
Is going downhill.
https://en.wikipedia.org/wiki/...
No, this particular kind of lawsuit wasn't predicted by Popper circa 1945, but it's a great example of how it works in action.
I actually think Trump's so-called free-speech executive order is a slightly more sophisticated attack on tolerance. The real idea is to make is easier for intolerant people to attack tolerance. NOT to suggest that #PresidentTweety possesses the sophistication. The executive order was probably dictated over Trump's iPhone by Steve Bannon, that poster child of intolerance.
Next amusing thought of the day: Steve King is actively campaigning for Pence's job in 2020.
By the way, there are a number of cow-related Twitter accounts you might want to follow. https://twitter.com/search?q=%... is obvious, but if you search on Twitter for "DevinNunes" you'll see an entire herd of them.
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
I was driving into work this morning and heard Devin Nunes' Cow referenced on a popular SiriusXM rock radio station!
It never fails to see a Republican throw out all of their "supposed beliefs" to get back at someone because their little ego's are hurt.
Just like how the republicans are all for the 2nd until they see black folks with guns... but that is all good.
Before he filed this law suit I was only vaguely aware of Nunes as a particularly unintelligent brown-nosing Washington Congress critter. I had never heard of those Twitter accounts and I had never seen that human centipede drawing of Putin, Trump and Nunes rimming each other. Now they are printing that drawing on T-shirts and showing them on national TV, This guy is an even bigger dummy that I thought he was, if he'd just let it slide the vast majority of the people on this planet would not have heard of @DevinNunesMom and @DevinNunesCow.
...and still my impression of him is that his head is planted firmly up his ass. I think that impression comes from hearing him speak. Could it be that he really is a fucking moron and that Twitter just exposed him for what he really is?
"I'm so moist I'm sticking to the leather." -Kermit the Frog on The Late Late Show
Make you claim based on fuck all, dearie, you're only going to "convince" your fellow nutjobs, who didnt need convincing in the first place, your post is pure virtue signalling.
Unfortunately most conservatives are pathetic delicate flowers that can’t take a joke. Look at Trump when we talk about his little fingers and mushroom penis. He goes ballistic. This is not a case where we are making bigoted personal attacks, like saying he, like all farm boys, bothers cows, it is in fact mostly legitimate political satire.
So this is just an attack on democracy. No one is listing his address and telling people to blow up his house, or attack his family, or kill his livestock. In fact the original cow account was a political statement about his moving to Iowa from his home state of California to save taxes.
It is not like anyone is asking for a paternity test to prove that none of the cows was fathered by him.
"She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
Yahoo, twitter and FB et al haven't silenced you nutjobs, Alex is still 100% free to speak, just not allowed to make someone else print his bollocks. The only ones trying to suppress political speech is nunes here (he doesn't want people talking smack about this politiician, which is political speech) and trump (he keeps bleating on about how CNN et al should be investigated and libel laws beefed up to silence "the fake news media").
If I own a bar, and a patron of that bar says something disparaging about someone else, am I liable? Am I responsible for going to around to everyone who was in the bar that day and correcting the disparager? Come on..
If I own a bar, and a patron of that bar says something disparaging about someone else, am I liable? Am I responsible for going to around to everyone who was in the bar that day and correcting the disparager? Come on.
Downmodding is the refuge of the weak. Don't downmod, make a better argument!
Please post a single link to a verified account calling for violent assault on the Covington teens. Not merely disagreement, actual violent assault.
I'm going to guess that the lack of arrests made (you know that encouraging violence is illegal, right?) means you're another stupid right winger who has no idea what's going on in Twitter (clue: it's more white supremacist friendly these days than left wing friendly) but believes it must be discriminating against you because... uh, everyone is! Yeah, right wing white men are the most oppressed people in history!
Nope.
Wrong.
Stupid cow.
Wrong.
Satire is protected speech, regardless if your tiny flaccid santorum-soaked penis can't handle it.
this is part of the broader "left wing media bias" narrative that the right wing has worked hard to establish.
For anyone who remembers what came out about MSNBC and Bernie after 2016, or pays attention to the coverage of him now vs the establishment candidates like Beto, Biden & Harris, or remembers when the media closed ranks to promote the Iraq War or the 2008 Bank Bailout you know the media's bias is hard right when it counts: economics.
Hell, the media was center-right on Gay Marriage until around 2014 or so. Go watch them grill Bernie on Medicare for All while giving Biden a pass on his attacks on Social Security. All this before Sinclair media bought out every local TV station.
And we shouldn't be surprised about the media's biases when it comes to the economy or the stuff that really matters. Look at who owns them. Always, always, always follow the money.
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Can we please stop calling Republicans that? Republicans being right-of-center is so pre-2016. These are the guys who had the presidency and control of both houses, and are still giving us the biggest deficit ever. These are the guys who tax imports, deport immigrants, and anything else they can think of for government to act against free markets. "FUCK FREE MARKETS" is basically what got Trump elected, and Nunes did everything he could to protect the president from law enforcement and congressional oversight.
They don't even resemble conservatives. They're on the left. Maybe not "progressive" but definitely far left (turns out there's a lot of totally different ways to be left-wing, i.e. break from every goddamn tradition and overturn every institution).
Even on the 2nd amendment (that's right, we'll pick conservatives' favorite), Trump's position is "take guns first and worry about due process second."
Good grief, how would anyone peg today's Republicans as conservative?! Are you even trying? Please tell me that entire fucking political spectrum doesn't simply boil down to abortion and nothing-but abortion. Because that's the only thing Republicans still have in common with conservatives.
(This is all irrespective of whether their politics are good or bad. I'm not going to defend or attack free markets, constitutional limits, the 2nd amendment, upholding the law, or responsible budgeting here, right now. I'm just talking about whether it's most accurate to characterize them as right or left.)
Trump is a liberal. Nunes is a liberal. They're both more liberal than the relatively conservative Pelosi, and roughly about even with AOC (in various ways, give or take).
Gotta love freedom lovin republicans fighting for our rights under the constitution. Keep up the Yeomen's work Devin!
"pain, insult, embarrassment, humiliation, emotional distress and mental suffering, and injury to [Nunes'] personal and professional reputations"
ZOMFG... ROFL ... This right here is some funny shit.
If the Internet was derelict in its duty to mock you earlier have no fear... it's going to more than make up for it now.
You'd make the worst client. I hope you never need the services of l lawyer. Mostly for the lawyer's sake.
I'ts rare to see someone so wonderfully, passionately wrong on so many levels.
What law, specifically, do you think that Twitter is breaking? I'm confused.
I don't respond to AC's.
Progressives are tolerant. They aren't tolerant of assholes who are intolerant of ordinary humans, though, and you aren't tolerant of being intolerated for being intolerant, yet you will only whinge about OUR intolerance to you, not yours to just about everyone else.
Make your wild accusations child, you only convince those who already want to believe that "everyone is intolerant, so mine for blacks/muzzies/lefties/ecology/science/blah is fine!". Nobody with a gram of brain will be convinced by your lame accusations.
The cow goes "Moooo"!
It's hilarious how those on the "right" are constantly going on about "snowflakes" and "safe spaces" when their representatives like Trump and his minions like Nunes are the biggest collection of whiny, thin-skinned tantrumming snowflakes around.
RICO. Definitely RICO. And probably Libelslander as well.
You're right that the repblicans are not conservatives, mind you, but shit you're insane if you want to claim they're "the left". Unless you define left as "Everything and anything that is wrong in the world", which makes you even less connected to reality than nunes or trump combined.
You can take your "both sides" argument, turn around, and walk right the fuck out of here with it.
As a Libertarian I propose we create a small tax on Tweets in order to regulate the kinds of speech is deemed appropriate by our representatives. We can't count on the personal responsibility of individual voters to fact check the media they consume.
https://www.bing.com/search?q=...
Enjoy.
Nunes is a millionaire. He's a politiican. He's attacking people, ordinary people, who merely have an account on twitter because they said mean things to him. Yet YOU want to pretend it's brave little nunes against the big evil corporation (and since when did you rightwing nutjobs be against corporations? You're ALWAYS sucking corporate koch....).
and satire is only satire as long as it's based on right-think to your crowd. Otherwise it's intolerant Nazi bigot treasonous hate speech.
we can enforce and change the ToS as we see fit, pray we don't change it further" doesn't stand up in a court of law in the rest of the country
I like how you think the right to free association does not exist in "the rest of the country"
Breibart is even less reliable than The Beano for this. Twitter has the verified accounts. You should be able to show them. The sources you cite do not. Merely claim that they exist.
Nunes is from a family that primarily made it's money by ranching. And then real estate.
Part of Nunes campaign's tactics were to refer to that ranching history, in an attempt to make him more "down home" and "regular working-class guy".
The cows were shipped to Iowa many years ago. Nunes has about as much connection to living, breathing cattle as Theresa May does.
Free speech? There's no such inalinable right, asshole. What do YOU think about it, given you want people punished for making parody accounts and talking smack about a rightwing politician?
And Venezuela is being raped by US stooges because Venezuela still wants to transit from using US dollars to Euros for all international currency. Fuck all to do with socialism, and everything to do with capitalism trying to ensure the failure of anything it identifies, right or wrong, as socialist.
And what is your whinge about? Being called an intolerant racist asshole triggers you, hurts your feelings and you demand MUST STOP NOW. So don't come to me with your complaints about no right to not be offended, you fucking thin skinned snowflake triggered moron.
As to your RWNJ definition of socialism (government owning the means of production, which is state communism, a la Stalin/Lenin, not socialism), Venezuela is slightly less socialist than the USA, if you count by revenues as a % of GDP. So if Venezuela is socialist, then so is your country, asshat.
A few moments on google should be enough to depose yourself of that idea, this
Beto's been overwhelmingly right win in his votes. He's a "New" Democrat, aka a Clinton Democrat. Just like Biden he "reaches across the isle", which is to say he votes with the GOP 80% of the time.
If that's what you want find. But please do go to the polls thinking your voting for a lefty or even a centrist. Beto is very much right wing, and it's only the crazy shifts in the Overton window that make him appear to be anything else. If you want a left wing candidate your choices are Bernie or Warren.
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He better not turn on his TV, he'll find the late-night shows are all having a good laugh about this too...suing Twitter in this way makes about as much sense as suing his TV manufacturer for 'providing' similar commentary.
He's a public figure and he has to prove malicious intent behind any falsehoods. Given that he appears to be suing because people said mean things about him, his lawsuit will get tossed in the trash.
WTF? Your post is so full of dog-whistles I can't hear anything else.
I can't even tell what your are trying to say, it's so steeped in pseudo-political buzzword nonsense.
Go back to 4chan or whatever cesspool you climbed out of, you'll find a more receptive audience there for your ridiculous trolling.
Now go away, or I shall taunt you again!
Wait, so does she have a beef with her son?
These conservative pieces of shit don't care if they win. This is all about forming a narrative that goes something like this: "The liberal courts are all against us, we can't get a fair shake, etc." which fires up the base. That's the whole point of this theater.
Moo.
-- Tigger warning: This post may contain tiggers! --
how the internet works. how the world works. how society works. that parody accounts such as the one(s) he doesn't like are protected free speech.. and that the issue of parody accounts of politicians has run their course through the courts.. time and again. precedence has been set, you don't have a new argument, you don't have unique circumstances.. you're gonna get fucked over.. you can only hope they sand the gavel, at least, before ramming it up your ass.
he also can't seem to grasp the concept of the Streisand effect and that the more publicity he throws on the 'fire' the more popular the parodies will become, the more people that will learn the truth about him.. and the more he soils his own reputation.
if you don't want people shoveling the truth about you.. and learning the truth about... you perhaps you should ALTER future truths and ya know, be a decent honest human being instead of a shady as fuck right wing trump sock puppet.
resign now and maybe your buddy ryan can get you work at the faux news channel.
Nothing you wrote actually disagrees with the Paradox of Tolerance. Possible cases:
(1) You haven't read it.
(2) You can't understand it.
(3) Both.
I have no reason to tolerate your intolerance or to recommend additional readings. This "discussion" appears to be concluded.
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
because working for trump isn't a career limiting moooove.
Jones can speak, just not in the public square. He has to stand in a "free speech zone" where no one can hear him.
Yay for Corporate Progressive nazism! Down with freedom! Servitude forever!
Z^-1
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
Not by democrats, republicans.And, no, he's still allowed to stand in a public place and rant like any other doomsayer moron. He's not allowed to stand in private property of someone else and do it.
Or do you republican idiots hate private property now and it should be all publicly owned???
I keep track of this pretty closely. It seems about 80% of violent rhetoric is from the Right. Often it is disguised somewhat as a joke. For example, congressman Steve King "joking" about a civil war and who has all the guns if there was one.
If I were looking for this kind of crap to shadow ban, who would get hit more? Conservatives or liberals? Why yes, it would look kind of biased, because one side can't seem to win in a fair election....thinks it is OK to start shooting to remedy that.
Maybe things look biased for a reason???
Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
Jones can speak, just not in the public square. He has to stand in a "free speech zone" where no one can hear him.
It's really breathtaking how retarded you people are.
https://www.infowars.com/
https://www.alexa.com/siteinfo...
Nope, that's a Bing search and doesn't bring up any credible results.
Can't figure out if you're delusional or a liar. Probably a bit of both. Twitter, the platform for doxxing lefties, who actively promoted and reveled in the fact they supported Alex Jone's campaign against gun violence victims, is "left wing". Right.
Idiot.