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.
So persuasive!
My documents had many authorities -- far more than either Twitter or A Medium Corp did. The law is on my side.
-- and that no modern Jew has Greco-Roman Judean ancestors. My fiancée stated that she hates Zionism, the Zionist state, and Zionists because in 1948 Zionist rape & murder gangs raped and murdered many of her relatives, drove her family from its homes and property, and stole everything her family owned. Olivia has good reason for her hatred. We also told everyone that we were totally in love with one another. Zionists hate miscegenation. They mass reported us for hate speech, and we were banned from almost every social medium we use. We stated historical facts not hate speech. To tell the truth, Olivia was too kind. My relatives spent the period from Dec 1946 through Nov 1947 in planning the logistics and the campaign of genococide that Zionists started in Dec 1947 and have never ceased. Several of my relatives led Zionist rape & murder gangs. Zionist purity of arms (טוהר הנשק) has always been a lie. My hyperwealthy Zionist relatives continue to fund genocide in Palestine.
As far as I can tell, I am the only legal practitioner that is posting a comment. My knowledge of computer science, of the Internet/WWW, and also of common carriage is vast. While I normally advance an opinion only at the USPTO, I do not doubt that every major medium platform is a quasi-common carrier because such a platform offers both a common carriage service and also a non-common carriage service.
It makes no difference that some other entity orchestrates transport of IP packets from one place in the Internet to another place in the Internet. The lower entity is an IP packet carrier. Twitter is a common carrier of digital personal literary property. Twitter operates on top of the lower protocol layer carriers. Spam disrupts common carriage service, and porn is probably analogous to hazardous material. A common carrier does not have to carry such items. Refusing to carry something because it violates community standards or because someone considers it hate speech meets the legal bar of civil rights discrimination, public accommodation discrimination, or common carriage discrimination. Federal law makes such discrimination unlawful even if a perpetrator is not state supported. Social medium platforms are state supported and are even more strongly prohibited from discriminating against a segment of the public.
You are in massive denial of the law and know next to nothing about about computer science. A user account is analogous to an admission ticket to a movie theater or to a baseball stadium. An (arguably functionally defined) place of public accommodation has no right to exclude anyone but for disruptive behavior.
Page means web page. If I discuss a bridge in a networking context, I do not mean a suspension bridge or any other type of bridge over water. If you don't like to "eyes-on-a-page" as payment for social medium message common carriage, a user also provides the social medium platform with user content in exchange for social medium message common carriage. I allude to this exchange in my Memorandum in Support of the Motion for Reconsideration. User content is not as valuable as "eyes on a page", but if you don't understand what a social medium platform considers really valuable, user content is part of the exchange that the user makes with the social medium for common carriage.
So do you live in Never-Never Land, Narnia, or Middle Earth?
Denial of the Antecedent has nothing to do with law per se although a legal decision should be logical. Denial of the Antecent is a special case of the Inverse Fallacy. The other case is Affirmation of the Consequent. Why don't you google the inverse fallacy?
Twitter is a common carrier 1. because the law says so and 2. because SCOTUS will eventually so rule.
I built several electronic devices before then. The father of one of my classmates was involved with Sabre development. When I was at his son's birthday party, he explained the Sabre System to me and some of the problems. I made some suggestions, which were not unreasonable. He freaked out and then made sure I got some time to experiment on a IBM 7090 -- not just me but my whole class. I was a scholarship student at an elite prep school.
The former is a mass message common carriage equivalent. @{user name} looks enough like an address to a judge. The bar is higher than showing denial of common carriage to a jury but not much.
Justice Thomas tells the world where he stands. At least three conservative Justices seem to support him. And the three liberal Justices can probably be persuaded that a social medium is a quasi-common carrier that provides a common carriage service and a non-common carriage service. The one liberal Justice I know personally from before becoming a Justice doesn't believe that Section 230 has the original intent of vitiating all federal anti-discrimination law -- duh. The sum is already 5, but I would prefer at least a 7-2 majority to shut up the anti-common carriage fanatics.
I know A list mathematicians. I understand their papers, but they blow my mind.
I worry about creating an argument to persuade a judge as I have been doing for 40 years.
And you are showing why. There were no computer science degrees in the 1960s when I started working with computers. We built computers and created computer science.
And that the Plaintiff has stated a claim on which relief can be granted. Those are fairly low bars to traverse. The Judge and a jury will decide whether the Plaintiff proves his case to the appropriate standard. IANAL -- I think the standard is clear and convincing with respect to common carriage. The plaintiff and defendant present matters of fact, and the judge decides the matter of law. The standard for denial of common carriage is preponderance of the evidence. Denial of common carriage is usually self-evidencing.
Does the owner of the hypothetical Tin Can telephone hold out voice common carriage
So what?
I was studying the Bible and Mishnah in Hebrew before I reached my third birthday. It's not unusual in either my Mother's family or my Father's family.