In Burton the Eagle Coffee Shoppe, Inc. was "inextricably intertwined" with Delaware State because the coffee shop was within a structure owned by the Wilmington Parking Authority. The coffee shop did not even have an entrance into the parking garage. Meta/Facebook service is wholly within the structure of the Internet. The Meta/Facebook service is message common carriage of digital personal literary property. The Internet is alleged to have completed its privatization in 2016, but the US government continues to fund the Internet and to maintain substantial control over the Internet pervasively throughout the US Internet substructure as any analysis of the Internet shows. Meta almost always receives or delivers digital personal literary property through the use of a link or other device,
Both sociology of law and also legal anthropology have long been respected fields of academic study long before CRT, Critical Legal Studies, or the Hart-Dworkin Debate ever existed.
A website does not have to hold itself out in the role of a public form. I never held out EAAZI to be a public forum. I read and approved all content that went up on the EAAZI website. I used the model of a traditional publisher. If a social medium platform does not want to be a public forum, it can follow the traditional "Letters to the Editor Model". If a website makes a shitload of money by offering
The word woman should probably be restricted to refer to someone that is biologically female. The word man should probably be restricted to refer to someone that is biologically male. Even though the French would probably be freaked, it would make sense
There is a principle, and then there is an instance. The principle is intertwining. The instance is the payment of a leasing fee to a cash-strapped state agency. The US government prints money. It's not cash-strapped even though legislators often claim the US government is. The US government is intertwined with a social medium platform
Nit is almost certainly not nit from louse nit. Nitwit is a more alliterative way to express know-nothing. Depraved Evil Brain Dead Anonymous Coward (DE BD AC) once again shows his abysmal white racist ignorance.
We need to replace transwoman and transman by transfeminine and by transmasculine respectively. It is a factual to allege that a transfeminine person is biologically a man.
The US government is in ICANN GAC. ISOC carries out US policy. The government exerts control and influence all over the Internet. Did you ever hear of NYSERNet (New York State Education and Research Network)? How about all those state college and university networks -- not to mention the plethora of other government networks? How about all that US government support to extend the Internet to every American? How about all that government money to guarantee that every child has an Internet end host? [AT&T and the RBOCs were always careful to make sure there was no government or private ownership of any equipment on its telephone network.] Neither a white racist like Naughty Autie nor a social medium platform, which supports racism and on-going genocide, has a change in court. Every such social medium platform will be bankrupted for its violations and crimes.
Here is the state action requirement that the Amended Class Action Complaint will fulfill.
The state action requirement refers to the requirement that in order for a plaintiff to have standing to sue over a law being violated, the plaintiff must demonstrate that the government (local, state, or federal), was responsible for the violation, rather than a private actor.
I developed the legal strategy with a top Washington civil rights lawyer, who died a month before the case was to be filed. I contributed my extensive knowledge of common carriage in the context of digital transmission systems as well my expertise in the development of Internet technology. I have all my lawyer's notes with respect to the ongoing litigation. He thought through the crap that a white racist or a genocide-supporter would shovel at me in order
At Bell Labs an MTS (Member of Technical Staff), who worked with the legal staff, had to take an internal course in common carriage and in state action doctrine. The concepts are not complex and have their origins in equity. Please take a look at the original complaint from Rogalinski v. Meta Platforms, Inc.. Original Complaint
The nexus test "asks 'whether there is a sufficiently close nexus between the State and the challenged action of the regulated entity so the action of the latter may be fairly treated as that of the state itself.'" Gorenc v. Salt River Project Agr. Imp. & Power Dist., 869 F.2d 503, 506 (9th Cir. 1989) (citing Jackson v. Metropolitan Edison Co., 419 U.S. 345, 351 (1974)); see also Villegas v. Gilroy Garlic Festival Ass'n, 541 F.3d 950, 955 (9th Cir. 2008) (listing factors to consider, including whether the funds of the organization come from the state and whether state officials dominate its decision-making). Similarly, the joint action test asks "whether the state has 'so far insinuated itself into a position of interdependence with [the private entity] that it must be recognized as a joint participant in the challenged activity." Gorenc, 869 F.2d at 507 (quoting Burton v. Wilmington Parking Auth., 365 U.S. 715, 725 (1961)). "[A] bare allegation of such joint action will not overcome a motion to dismiss." DeGrassi v. City of Glendora, 207 F.3d 636, 647 (9th Cir. 2000). The Supreme Court has explained:In Burton the Eagle Coffee Shoppe, Inc. was "inextricably intertwined" with Delaware State because the coffee shop was within a structure owned by the Wilmington Parking Authority. The coffee shop did not even have an entrance into the parking garage. Meta/Facebook service is wholly within the structure of the Internet. The Meta/Facebook service is message common carriage of digital personal literary property. The Internet is alleged to have completed its privatization in 2016, but the US government continues to fund the Internet and to maintain substantial control over the Internet pervasively throughout the US Internet substructure as any analysis of the Internet shows. Meta almost always receives or delivers digital personal literary property through the use of a link or other device,[A] State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State. Mere approval of or acquiescence in the initiatives of a private party is not sufficient to justify holding the State responsible for those initiatives. Blum v. Yaretsky, 457 U.S. 991, 1004-05 (1982).And this circuit requires "substantial cooperation" or that the private entity and government's actions be "inextricably intertwined." Brunette v. Humane Society of Ventura Cnty., 294 F.3d 1205, 1211 (9th Cir. 2002). Although "[a] conspiracy between the State and a private party to violate constitutional rights may also satisfy the joint action test," id., the private and government actors must have actually agreed to "violate constitutional rights," Fonda v. Gray, 707 F.2d 435, 438 (9th Cir. 1983).
The definitions clause of a statute often helps distinguish declaratory elements of a statute from genuine legal elements. Here is the legal definition of Good Samaritan. How does it relate to Section 230? Good Samaritan Rule Under the Good Samaritan Rule, if a Good Samaritan provides services for another, either gratuitously or for compensation, the Good Samaritan assumes a duty to use reasonable care. The Good Samaritan may be held liable if they are negligent in providing those services or if their negligence causes injury either to the person on whose behalf the Good Samaritan is performing services or to a foreseeable third party. Tort Law According to common law, a bystander is not under a moral obligation to help if they did not cause the person’s injury. In Hurley v. Eddingfield, the defendant was a family physician who, for no apparent reason, refused to travel to render medical assistance even when he was the only one who could help. The court found that the defendant was not liable, because the defendant did not assume a duty to help. However, if a Good Samaritan (with no duty to do so) takes charge of a helpless person, the Good Samaritan has assumed a duty to exercise reasonable care while the person is in their charge. And, if the Good Samaritan has taken charge, they are subject to a duty of reasonable care to refrain from putting the person in a worse position than before the Good Samaritan took charge. Criminal Law In criminal law, no legal duty to act is created based upon a mere moral obligation. A legal duty to act requires more than being a Good Samaritan. In People v. Beardsley, the defendant had an affair with a woman at his apartment. The woman died from taking morphine. Ultimately, the court held that the defendant had no duty to act because there was no special relationship between the defendant and the woman. In order to be held liable, there must be a duty imposed by law or by contract, and the omission to perform the duty must be the immediate and direct cause of death.
Sure, moderation is allowed, but the normal defense to liability associated with distribution (in contrast with publication or authorship) is no knowledge of content. Nothing in the statute limits an ICS to distributor liability. Current caselaw gives an ICS blanket immunity, but that liability is likely to bite the dust within the next year or so. The current SCOTUS is not a fan of legal immunity without statutory basis.
It's not a hard historical case to understand. Greco-Roman Judeans are not ancestors of Rabbinic Jews, whether Ashkenazi like my father or N. African Jewish Berber like my mother. Every Zionist colonial settler anti-Jew in stolen Palestine is a depraved evil genocidal invader, interloper, thief, and impostor, who deserves hatred, scorn, and loathing from the entire human race with neither qualification nor reservation. It makes no difference whether the Zionist colonial settler anti-Jew is a European or a non-European. Even if the ancestral homeland crap were true (it isn’t), Zionism would still be a criminal ideology of replacement genocide, and depraved evil white racial supremacist European Zionist anti-Jews would still have founded the vile disgusting criminal Zionist state by atrocious genocide after the international community banned genocide in Dec 1946 and rendered anti-genocide jus cogens (a peremptory norm). Rabbinic Judaism crystallized in the 10th century CE. A Jew practices Rabbinic Judaism. There are no Jews before the 10th century CE. Rabbinic Judaism is a Mesopotamian religion that has less connection to Palestine than either Christianity or Islam has to Palestine. Zionism is a disease of Jewish illiteracy in Rabbinic Jewish intellectual culture. The Talmud explains. Here is Babylonian Talmud, Sanhedrin 39a-b. אמר ליה ההוא מינא לרבי אבינא כתיב (שמואל ב ז, כג) מי כעמך כישראל גוי אחד בארץ מאי רבותייהו אתון נמי ערביתו בהדן דכתיב (ישעיהו מ, יז) כל הגוים כאין נגדו אמר ליה מדידכו אסהידו עלן דכתיב A certain heretic said to Rabbi Avina: It is written: “And who is like Your people, Israel, one nation in the earth?” (II Samuel 7:23). The heretic asked: What is your greatness? You are also mixed together with us, as it is written: “All nations before Him are as nothing; they are counted by Him less than nothing and vanity” (Isaiah 40:17). Rabbi Avina said to him: One of yours, the gentile prophet Balaam, has already testified for us, as it is written: במדבר כג, ט) ובגוים לא יתחשב) “It is a community that shall dwell alone, and shall not be reckoned among the nations” (Numbers 23:9), teaching that where the verse mentions “the nations,” the community of Israel is not included. Israel is mixed with us because of the massive proselytization and conversion that took place in the Greco-Roman period or before. Israel is not included among the nations because it is a religious spiritual community, whose only homeland is the Torah. In response to the destruction of the Jerusalem and Leontopolis Temples, the Tannaim (1st and 2nd century CE scholars of Biblical Judaism) had to create a new religion, and the Talmud tells us that they began the process of the fabrication of a new religion that became Rabbinic Judaism in the 10th century. The Tannaim of the 2nd century supported the false Messiah Bar Kochba, but the peasantry (90% of the population of Judea) rejected Bar Kochba. Bar Kochba persecuted the peasantry, and the dipshit Tannaim supported him. The Romans crushed Bar Kochba, and the Tannaim as well as their successors were discredited for practically all Judeans. Judea and the rest of Palestine became Christian while Judaism became a religion of non-Judeans and eventually developed into Rabbinic Judaism, which is an alien Mesopotamian religion that has little and only superficial connection to Palestine. The Roman Exile never happened and is a metaphor for the transformation of Judaism from the religion of Judea into a completely non-Judean religion. Anti-genocide is jus cogens. The international community should demand unconditional surrender of the criminal genocidal Zionist regime and start carpet-bombing the settlements of depraved evil Zionist colonial settler anti-Jews if there is no surrender. Every Zionist anti-Jew throughout the world must be arrested
A soup Nazi and a grammar Nazi belong to the realm of exaggeration for effect -- hyperbole.
In the accurate definition of Zionism, the ADL spreads the following essentialist and primordialist propaganda in order to incite, to legitimize, and to normalize genocide that Zionist colonial settler anti-Jews commit against Palestinians.
Zionism is the movement for the self-determination and statehood for the Jewish people in their ancestral homeland, the land of Israel. The vast majority of Jews around the world feel a connection or kinship with Israel, whether or not they explicitly identify as Zionists, and regardless of their opinions on the policies of the Israeli government.This nonsense hardly differs from Nazi propaganda about Atlantis and Aryans. The Nazi propaganda was also intended to incite, to legitimize, and to normalize genocide. The mentality of a Zionist anti-Jew is congruent to the mentality of a Nazi. Even if the ancestral homeland crap were true, Zionism would still be a criminal ideology of replacement genocide, and depraved evil white racial supremacist European Zionist anti-Jews would still have founded the vile disgusting criminal Zionist state by atrocious genocide after the international community absolutely banned genocide in Dec 1946 and rendered anti-genocide jus cogens (a peremptory norm). Rabbinic Judaism crystallized in the 10th century CE. A Jew practices Rabbinic Judaism. There are no Jews before the 10th century CE. Rabbinic Judaism is a Mesopotamian religion that has less connection to Palestine than either Christianity or Islam. Zionism is a disease of Jewish illiteracy in Rabbinic Jewish intellectual culture. The Talmud explains. Here is Babylonian Talmud, Sanhedrin 39a-b. אמר ליה ההוא מינא לרבי אבינא כתיב (שמואל ב ז, כג) מי כעמך כישראל גוי אחד בארץ מאי רבותייהו אתון נמי ערביתו בהדן דכתיב (ישעיהו מ, יז) כל הגוים כאין נגדו אמר ליה מדידכו אסהידו עלן דכתיב A certain heretic said to Rabbi Avina: It is written: “And who is like Your people, Israel, one nation in the earth?” (II Samuel 7:23). The heretic asked: What is your greatness? You are also mixed together with us, as it is written: “All nations before Him are as nothing; they are counted by Him less than nothing and vanity” (Isaiah 40:17). Rabbi Avina said to him: One of yours, the gentile prophet Balaam, has already testified for us, as it is written: במדבר כג, ט) ובגוים לא יתחשב) “It is a community that shall dwell alone, and shall not be reckoned among the nations” (Numbers 23:9), teaching that where the verse mentions “the nations,” the community of Israel is not included. Israel is mixed with us because of the massive proselytization and conversion that took place in the Greco-Roman period or before. Israel is not included among the nations because it is a religious spiritual community, whose only homeland is the Torah. In response to the destruction of the Jerusalem and Leontopolis Temples, the Tannaim (1st and 2nd century CE scholars of Biblical Judaism) had to create a new religion, and the Talmud tells us that they began the process of the fabrication of a new religion that became Rabbinic Judaism in the 10th century. The Tannaim of the 2nd century supported the false Messiah Bar Kochba, but the peasantry (90% of the population of Judea) rejected Bar Kochba. Bar Kochba persecuted the peasantry, and the dipshit Tannaim supported him. The Romans crushed Bar Kochba, and the Tannaim as well as their successors were discredited for practically all Judeans. Judea and the rest of Palestine became Christian while Judaism became a religion of non-Judeans and eventually developed into Rabbinic Judaism, which is an alien Mesopotamian religion that has little and only superficial connection to Palestine. The Roman Exile never happened and is a metaphor for the transformation of Judaism from the religion of Judea into a completely non-Judean religion. The ADL is a depraved and evil organization that violates RICO law by aiding, abetting, inciting, conspiring, and committing genocide as well as by providing material support to terrorists (vicious bloodthirsty Zionist colonial settler anti-Jews), who perpetrate genocide. When Eric Goldman and his ilk support unconstitutional Zeran- based caselaw in order to support public accommodation, civil rights, and common carriage discrimination, they are helping US Zionist perpetrators and conspirators in genocide
During WW2 we Americans considered the native resistance to be heroic and admirable when it fought or killed racial supremacist genocidal Nazi invaders and colonial settlers in occupied Europe. Today we Americans must consider the native resistance to be heroic and admirable when it fights or kills racial supremacist genocidal Zionist invaders and colonial settlers in stolen Palestine. The Zionist mentality is completely congruent to the Nazi mentality, and the US Zionist movement commits heinous crimes according to the US federal code.
Of course, I have to talk about race and ethnicity. Like a true white racist bhull242 screeches, "How dare you bring up race and ethnicity?" Olivia and I have compiled hundreds of pages of statistics that shows Twitter discriminates against Palestinians and Jews because of pressure by white racial supremacist Zionist genocide-supporting anti-Jews. Our statistics are supported by dozens of organizations with which we have no connection whatsoever. Try this link. How do we know that a depraved evil white racial supremacist Zionist anti-Jew like bhull242 is lying? Check for breathing.
On second thought, collapsing content because a comment has been flagged by the community probably violates laws against
Confusing an Instance with a Principle
The US government is not a cash-strapped state agency. The US government prints money. The US government buys, funds, exercises substantial control over internet links and devices that a social medium uses in order to provide common carriage and a place of public accommodation. A social medium platform is inextricably intertwined with the US federal government in a way AT&T and the RBOCs never were. Most Internet infrastructure that a social medium platform uses does not belong to the social medium platform.