The 1869 Massachusetts common carriage statute recognizes this obvious fact.
MGL c. 159 Section 1. Every common carrier of merchandise or other property shall receive, transport and forward all property offered for such purposes by other such carriers as promptly, faithfully and impartially, at as low rates of charge, and in a manner and on terms and conditions as favorable to the carrier offering such property, as he on the same day and at the same place receives, forwards and transports, in the ordinary course of business, property of a like description offered by persons other than such carriers. Such carrier shall not discriminate against any particular person or subject him to any undue or unreasonable prejudice or disadvantage. The supreme judicial or superior court shall have jurisdiction in equity to enforce this section.Dialup AOL was obviously a message common carrier built on top of telephone common carriage. For this reason, the federal government disallowed the use of common carrier status in defense from a charge of violation of 47 U.S. Code § 223 - Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications. Every 1996 dial-up Internet On-Ramp (Interactive Computer Service or ICS) e.g., AOL, Prodigy, Compuserve, was an obvious message common carrier. It indicates utter technological and legal misunderstanding when the Court of Appeals for the 11th Circuit incompetently asserts that 47 U.S. Code § 223 shows that a 2022 social medium platform is not a common carrier. The statute asserts the exact opposite. In any case, a 2022 social medium platform does not meet the 1996 ICS definition, which is found in 47 U.S. Code § 230. Only a technological nitwit believes that a 2022 social medium platform is a 1996 ICS.
The Internet is a government-designated public forum/public facility. Partial privatization does not change this status. In truth, unless it can be shown that the government received bona fide payment for complete value in exchange for the privatization of the Internet, even the full privatization would not change the status of the Internet. The Twitter service provides a forum/facility open to the public wholly within the public forum/public facility of the Internet. Twitter is a state actor and may not abridge the freedom of speech within the Twitter forum/facility. No analogy is necessary. The argument is simple, but a cartoon plaintiff does not have the competence to make it correctly while the nitwit, who suffers white racist mind-rot, no longer has sufficient cognitive abilities to understand this straightforward argument. A white racist supporter of discrimination by a social medium platform deserves nothing but scorn and contempt.
A panel of a Court of Appeals is reluctant to go beyond the content presented in Appeals Briefs and in the assembled record from the lower court.
The nitwit comments.
The First Amendment literally guarantees the right of free association; to be free to associate, one must also be free to not associate.Here's the First Amendment.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.There is nary a word about the alleged Freedom of Association. A white racist, who participates in TechDirt discussion, must murder his mind with the poison of his depraved perverted white racist belief.
I post for someone whose reading comprehension is higher than that of the average 7-year-old.
In stolen Palestine, a Zio colonial settler is a depraved genocidal invader, interloper, thief, and impostor, who deserves unqualified hatred, scorn, and loathing from the entire human race.
The Romans exiled no one from Palestine. The Roman Exile is a metaphor for the transformation of Judaism from the religion of Judea into a religion that only descendants of non-Judean converts practiced.
Just like Christians -- except for Palestinian Christians, all modern Christians descend from non-Judeans/non-Palestinians, who converted to Christianity. The dipshit Tanaim discredited Judaism and themselves by supporting the depraved maniac Bar Kochba, who persecuted the peasantry (90% of the population of Palestine). After the good guys -- Romans and local Palestinian allies -- crushed Bar Kochba, the Tannaim, and their vile supporters, the Palestinian peasantry rapidly converted to Christianity.
I am half-ethnic Ashkenazi and half-North African Jewish Berber. Why would anyone be surprised that I don't look like a member of an ethnic group whose members used to practice Rabbinic Judaism?
A public school is not listed among the places of public accommodation in the CRA of 1964 (42 U.S. Code § 2000a).
(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.Can nitwit Anonymous Clown find "school" anywhere in the text above? A public school is state-supported, but like a government office building or a courthouse, a public school is not a place of public accommodation. With respect to ignorance and to stupidity, white racist nitwit Anonymous Coward seems to outdo all TechDirts's other white racist supporters of discrimination by a social medium platform.
[Confusing HTML with HTTP is the error of an ignoramus. Anonymous Clown belongs to the class of complete ignoramuses.] Twitter tweet service is message common carriage, which is built on top of Internet common carriage, just as Western Union telex service was message common carriage, which was built on top of telephone network common carriage. I hate a perpetrator of genocide. No one should be prohibited from expressing hatred of a perpetrator of genocide even if the expression of such hatred may discomfit or upset a white racial supremacist genocide supporter like Anonymous Clown. Only a depraved and evil white racist like Anonymous Clown supports
An unconstitutional and moronic precedent, which like Zeran is based on a logical fallacy, cannot be legally binding. The nitwit probably does not understand the logical fallacy, which is called denial of the antecedent. Here is a simple example, which has a chance of not going over this nitwit's head.
If a nitwit lives in Ann Arbor, he lives in Michigan. If a nitwit does not live in Ann Arbor, he does not live in Michigan.
The Court of Appeals for the First Circuit can't uphold Zeran-based caselaw until litigation, in which a First Circuit District Court applies this caselaw in its adjudication, reaches this Appellate Court via an appeal. No such litigation has appeared before this Appellate Court. I have almost certainly made it impossible for this Court of Appeals to uphold logically fallacious and moronic Zeran-based caselaw.
I petitioned SCOTUS for certiorari to the Court of the First Circuit before judgment chiefly in order to guarantee that SCOTUS does not uphold logically fallacious and moronic Zeran-based caselaw before Martillo v. Twitter gets to SCOTUS via the route of appeal. From all indications, the mission was a success. 47 U.S. Code § 230 tells us that a 1996 ICS has neither speaker (or author) nor publisher liability with respect to 3rd party content. The statute says nothing about distributor liability. The normal defense to a complaint of distributor liability is an assertion, which alleges the distributor had no knowledge of the content. Once a social medium platform claims to enforce community standards, a defense of no knowledge is thrown out the window. A white racist supporter of social medium discrimination is as dumb as a bucket of hair.
The pre-modern European states gave Jews special rights and privileges to perform this task but also placed special restrictions on the Jewish community to control potential socially disastrous depredations that Jewish mercantile interests might perpetrate against gentiles. As Jews were emancipated, the special Jewish rights and privileges were canceled, and Jewish leadership loudly proclaimed such cancellation to constitute antisemitism. At the same time, Jews fought tooth and nail to continue pre-modern exploitative practices that were no longer acceptable. Jewish anti-gentile behavior should be contrasted with the actions of the Polish Szlachta (nobility), which voted itself out of existence and made a common cause with other citizens of the Polish state against threats to Poland. European critics of atrocious Jewish behavior before WW2 usually contrasted Jewish materiality (avarice or the harshness of the Old Testament) with Christian spirituality (the Beatitudes or the grace and spirituality of the New Testament). Jewish values were invariably considered to be in fundamental conflict with Christian values.
The assertion of common Judeo-Christian values is a post-Holocaust expression of Christian guilt that Christians have no reason to feel. In Europe anger against Jews developed
Indeed, right-wing racists do love Hebrew. See The Evangelicals Learning Hebrew in Order to Fully Understand the Bible. Fake Invader Hebrew like Nazi German is crafted to make it easier for a native speaker to commit genocide. Yet the quote below captures the insanity of US public discourse.
Nah. They’re open about hating Arabs; they pretend not to hate Jews. They love throwing around the phrase “Judeo-Christian values”, which you’ll note you don’t hear so much from Jewish folks. What it really means is “Christian, but we like the Old Testament parts about punishing people we don’t like.”Southern Jews were probably the most loyal and the most pro-Slavery group in the antebellum South and in the Confederacy. Thomas Dixon, who founded US white or Aryan Nationalism, explicitly called European Jews Aryans.
If a public school sells lunches on the premises, the public school becomes a place of public accommodation under 42 U.S. Code § 2000a - Prohibition against discrimination or segregation in places of public accommodation. In this situation, refusing to hang the Arabic language posters constitutes a serious violation of the prohibition against public accommodation discrimination.
White culture is normally a code for the fake culture that is associated with US white or Aryan nationalism. When a researcher referred to the dominant American culture, he usually referred to WASP culture. I believe white was added to the acronym to make it easier to remember. In British history there were no non-white Anglo-Saxons. Anglo-Saxon Protestant Americans were (and are) a minority. There is WASP culture and all the other cultures in the USA.
According to California Law?
SCOTUS decided Pruneyard according to California law and thus held that the California Constitution did not violate the First Amendment of the US Constitution.