ThorsProvoni 's Techdirt Comments

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• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 09:30am

  Do You Disagree with the Judge?

  Do you believe that Google is a public utility? I don't, and the Judge does not.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 09:28am

  To Belie My Assertion Someone Need Only Demonstrate that He Is Admitted to Practice Law in Some Jurisdiction

  I practice administrative law at the USPTO. You can click this link to view my registration.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 09:15am

  My Fiancee and I Should Be Able to Mention Our Engagement on a Social Medium

  -- without Zionist mob reporting that causes us to be banned for hate speech.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 08:58am

  A Telecommunications Common Carrier is Hardly the Only True Common Carrier

  An information service common carrier remains a common carrier even if it is not a telecommunications common carrier. The FCC is an administrative agency, which has legislated authority to determine which common carriers it wishes to regulate. The FCC calls a common carrier it regulates an interstate telecommunications common carrier. A common carrier does not cease to be a common carrier because the FCC makes an administration decision not to regulate a common carrier. Only a state court or Article III court can rule as a matter of law that an entity is not a common carrier.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 08:50am

  One common carrier can certainly use common carriage, which another common carrier provides

  UPS is a common carrier and sends parcels by air transport common carriers, ocean cargo freight common carriers, and rail common carriers.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 08:46am

  Google Benefits from Federal State Support of the Internet

  Google benefits from money paid from the people of Ohio. The people of Ohio through their representative can certainly ask for something in return. Automobile emissions standards vary from state to state. It's a lot harder for auto manufactures to deal with such variation than it is for Google to provide some state-specific tweaks.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 08:40am

  Please Learn How The Front End Works

  Google software delivers messages from the Google backend to the memory of a user's computing device.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 08:37am

  Great Thinking!

  Google benefits from federal public funding, and you recommend that Google retaliate against segments of the public because Google might dislike a judicial decision in a state.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 08:30am

  There Was Nothing Idiotic in the Ohio Judge's Decision

  Did he decide the public utility question idiotically?

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 08:26am

  What About the Public Support That Google/Alphabet Receives?

  The Internet is a vast state-supported establishment, structure, or facility. Google uses appurtenances, premises, communications, and devices, for which the public pays in order to make a lot of money. In return, the public has every right to demand conduct that the public approves. It's a principle that goes back to American colonial law.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 08:19am

  Seriously?

  Do you seriously believe an ordinary voter would change his vote in an election for a judge over an issued opinion with respect to common carriage?

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 07:52am

  Referring to the Opinion of a Computer Scientist with respect to Common Law Common Carriage Doctrine Shows Cluelessness With Respect To The Law

  A technology expert describes technology in an expert report or in expert testimony. If an expert advances

  1. an opinion on a matter of law or
  2. a conclusion with respect to the case,

  it is thrown out. A judge issues an opinion on a question of law. A jury decides a factual question, which relates to the counts of a complaint.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 07:40am

  Are You Kidding?

  Common carrier doctrine is never an issue until the rich or the powerful want to discriminate against some group.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 07:35am

  Continue to Show No Understand of Law

  Words count. Here is a statement about a statute. See Richards v United States, 369 US 1, 9 (1962), quoted in Welsh, 993 F2d at 1269 ("[W]e must always be cognizant of the fact that 'the legislative purpose is expressed by the ordinary meaning of the words used.'"). The some rule applies to common carrier doctrine, which is common law judicial doctrine. Nowhere does common carrier doctrine refer to a journey. Common carrier doctrine pertains to carrying something.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 07:26am

  Stare Decisis Not Stare Decisus

  The typo detection logic never flags a typo about which I care.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 05:26am

  Please Learn What It Means for a Case to Be Fully Litigated and Precedential

  A verdict is reached in the Trial Court. It is appealed. The Court of Appeals reviews and issues a precedential ruling. The case is still not done. A party may motion for reconsideration or for panel rehearing or for en banc rehearing. A judge may sua sponte request en banc rehearing. A party may also petition SCOTUS for certiorari. SCOTUS may grant or deny. After grant SCOTUS will rule. After denial or ruling, a party may request reconsideration. None of the cases: 5th Circuit, 11th Circuit, Ohio, or 1st Circuit are anywhere lost by any party. I can also file a new class action complaint. Please learn something about rules, procedures, and the meaning of "everyone has a right to his day in court. In a ruling from an appellate court (including SCOTUS) only a statement, which is prefaced "We or this Court hold/holds..." really counts. Let's see which holdings in Netchoice v. Florida refer to state actor doctrine or common carriage. [The state actor argument is only borderline less silly than the public utility argument.]

  We hold that it is substantially likely that social-media companies—even the biggest ones—are “private actors” whose rights the First Amendment protects, Manhattan Cmty., 139 S. Ct. at 1926, that their so-called “content-moderation” decisions constitute protected exercises of editorial judgment, and that the provisions of the new Florida law that restrict large platforms’ ability to engage in content moderation unconstitutionally burden that prerogative.

  The phrase "substantially likely" is a hedge. The Court of Appeals is not completely sure, but after having read state actor precedents, I believe the Courts holding is consistent with stare decisus.

  Quite the contrary, if social-media platforms currently possess the First Amendment right to exercise editorial judgment, as we hold it is substantially likely they do, then any law infringing that right—even one bearing the terminology of “common carri[age]”—should be assessed under the same standards that apply to other laws burdening First-Amendment-protected activity.

  The above holding is even more strongly hedged. The ruling is long but it really breaks no real ground, and in some respects is somewhat wimpy.

• On the post: The Problem With The Otherwise Very Good And Very Important Eleventh Circuit Decision On The Florida Social Media Law

  

  ThorsProvoni ( profile ), 28 May, 2022 @ 02:05am

  The eleventh circuit confused the definition of telecommunication common carrier with common carrier.

  The 11th circuit decision was vicariously embarrassing to read. There is no dumb pipe in common carriage except the one possibly in pneumatic tube mail.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 27 May, 2022 @ 10:44pm

  If a theater throws out someone for no reason, it probably violates 42 U.S. Code § 1981 - Equal rights under the law

  (a) Statement of equal rights All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. (b) “Make and enforce contracts” defined For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) Protection against impairment The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.

  I can think of another reason to file an almost certainly winnable lawsuit.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 27 May, 2022 @ 10:34pm

  You don't know what brings a case under federal jurisdiction, do you?

  It's hard to imagine how a case which pertained to an amusement park ride, an escalator, or an elevator 1. could be a matter of interstate commerce or 2. could require diversity jurisdiction. I suppose supplemental jurisdiction might be a possibility, but it would be a complicated scenario.

• On the post: This Is Really, Really Dumb: Ohio Court Says Google May Be A Common Carrier

  

  ThorsProvoni ( profile ), 27 May, 2022 @ 05:50pm

  I provided links to all the pleadings and briefs of my litigation.

  These documents listed all the authorities that every party referenced. I had far more authorities for my argument than either Twitter or A Medium corp had for its argument. The law is on my side.

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