Tanner Andrews’s Techdirt Profile


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  • Sep 18th, 2021 @ 5:45am


    Her speech, abhorrent and distasteful though it may be, still deserves (and receives) the same legal protection as yours

    Her speech, abhorrent and distasteful though it may be, still receives the same legal protection as yours.

    There, fixed that for you.

    Her speech deserves denunciation, negative flattery, and perhaps shunning of the speaker. But it receives legal protection, same as the Illinois Nazis in Skokie, because if it did not receive such protection then the speech which deserves it might also not receive it.

    Who gets to decide? Well, I get to decide for myself that her speech is unworthy of protection. But the First Amendment authors got to decide that it receives protection.

  • Sep 18th, 2021 @ 5:34am

    Re: Larger Issue

    I do not see how a democracy can survive an onslaught of weaponized bullshit

    Who should decide? The same people who decreed that the use of saccharine was safer than cyclamates? The bishops who prosecuted Galileo? The engineers who approved the Pinto gas tank design? The executives who said that the corn sweetener formula Coke was as good as the sugar formula? The experts telling us of the weapons of mass destruction in Iraq?

    All of these people had strong motives to promote their views. The results, in hindsight, do not make the views look good. But at the time, they were the ones who got to decide.

  • Sep 18th, 2021 @ 5:19am

    Re: Re: Section 230

    Coca Cola company avoids charges of furnishing moonshine bottles by changing their operations. They no longer supply those sturdy re-usable glass bottles. I feel sorry for your shine operation, but sorrier for the rest of us who have to supply disposal services and landfill space for the single-use containers they now use.

  • Sep 18th, 2021 @ 5:01am

    Further Review is Unlikely

    While this panel may have been consuming controlled substances, they are likely to have the last word. Review "en banc" (all the judges) is rare, and the U.S. Supreme Court takes but a fraction of the cases offered.

    In state court, there is often at least one more layer of review. From the trial level, you go to the district court of review, and from there may go up to a highest court in the state. From there, on remarkably rare occasions, you may be able to have the U.S. Supreme Court review the case.

    The intent with making further review was probably mostly good. We do not want cases to drag out for years, with appeals upon appeals. A single layer of appeals provides a reasonable degree of finality, even if the reviewing courts beclown themselves.

  • Sep 15th, 2021 @ 11:52pm


    > The thought process is so simple a cop could understand it.

    Ouch. Tell us what you really think.

    OK, I will. Robert Jordan v. City of New London, 2000 "U.S. Lexis" 22195 (US 2d Cir. 23-Aug-2000).

  • Sep 15th, 2021 @ 5:44pm

    Re: 'Honestly the dog is usually much more well trained...'

    if that means a drug dealer gets away this time then that'll certainly suck

    Actually, it is a benefit to society. The fewer of them we have to pay to imprison, the lower our tax burden for feeding them. Also, as more of them avoid prison, the price comes down due to lessened risk, reducing the need for knock-on crimes which support expensive drug habits.

  • Sep 15th, 2021 @ 5:42pm

    Re: Re: Re: 'Honestly the dog is usually much more well trained.

    The 20 year undeclared war in Afghanistan is being called "America's Longest War" all over the news

    Some people cannot do math. We have been at war in Korea since 1950, and there is no sign that it is going to end in the next few weeks Shooting heats up and cools down, but the war continues in its seventh decade. Calling the debacle in Afghanistan ``longest'' seems a bit of an exaggeration.

  • Sep 14th, 2021 @ 12:40am

    Just So Folks Know

    The state's initial brief lets us know that

    Undoubtedly, social media is “the modern public square.” [pg 4, citing Packingham v. North Carolina, 137 S. Ct. 1730, 1737 (2017)]

    From this we can conclude that all these comments on Techdirt, not being part of ``social media'', are not part of the debate in the public square. I guess we can all go home now.

    Of course, once we do that, we run into the problem that my lawn is not a forum in which you have the right to be heard. You have the right to leave my lawn, buy the house across the street, and put up a sign denouncing me for being a mean person who does not allow you to speak.

    All of this, including my arbitrary and capricious decision not to allow you on my lawn, is protected by the US First Amendment and US Fifth Amendment. That is where the state goes wrong, in fact.

    The state fails to distinguish between a town full of lawns, where the city does not get to choose which candidates' signs may be displayed, and the individual lawns whose respective owners have complete choice as to whose signs will be shown.

  • Sep 13th, 2021 @ 5:20am

    Re: Opinions

    there was a program set up to catch phrases such as “young girl” anything that referred to a minor child and to not post it on the site

    In other words, the site was trying to prevent illegal sex trafficking.

    For such a heinous offense, they should be punished. From your narrative, I conclude that it would be pointless to seek the actual traffickers, whose business the site rejected.

  • Sep 13th, 2021 @ 4:59am

    Re: Re:

    driven to their occupation by severe economic inequities in our society

    Alas, many of us are in such a position. It is not merely sex workers who might prefer a life of leisure. Many of us are forced to work in order to be furnished with food, housing, and the rest.

    If you are not forced to work, then you should take the time and try to find a better source of support for your views than a Dwork like MacKinnon.

  • Sep 13th, 2021 @ 12:23am

    Re: They still chalk?

    I'm surprised chalking is still a thing

    Chalk is cheap and effective, at least outside of the US 6th Circuit. It has been used for years, requires little training, and the technology is fairly well understood.

    If the matter is contested, the meter maid can explain the process used and the court can easily gauge its reliability.

  • Sep 13th, 2021 @ 12:19am


    until the 2019 decision, chalking tires was not in fact a 4th amendment violation

    Outside of the US 6th Circuit, it is still not determined to be a violation. I can see different circuits reaching different results.

    Different cities may also offer different arguments. Ultimately it is hard to see it as a search. It may be a de minimus trespass to chattels, but even that may be questionable if the chalk washes off in the next rainstorm.

    In the US 6th Circuit, there are some possible tradeoffs. Give the meter maid a portable Automatic License Plate Reader, and as she passes the cars it records the plate numbers. Two hours later, when she passes by again, the ALPR beeps as it recognizes a plate it had seen before. This does not account for the car moving, even from in front of one store to another down the street, but chalked tires might line up in the same position so that is not fool-proof either.

    Given that our overtime parking tickets run about $9, it is generally not worth fighting them. Your milage will surely vary.

    In the US 6th Circuit, the ALPR might allow faster passage by the meter maid: she covers more distance because there is no need to stop and chalk tires. Again, your milage will surely vary.

  • Sep 12th, 2021 @ 11:52am

    Re: Re:

    White supremacy in the Republican Party is about the same level as Black supremacy in the Democrat party

    Perhaps. But I do not see the head of the Democratic party praising race supremacists, or telling us of neo-nazi rallies that there are fine people on both sides.

  • Sep 12th, 2021 @ 7:30am

    Re: Re: Re:

    Not really seeing this as a derivative work, either. At least no more than I have modified the book by adding music from the radio.

  • Sep 12th, 2021 @ 7:25am

    Re: Re: An Interesting Potential Issue

    Not exactly settling. Parties set up the evidence and the legal memos, ask the judge to try the case on the paper. Each side provides proposed final judgment, but only one has reasonable support. Ideally, each side would review other's proposed FJ to agree as to form.

    Judge signs proposed FJ for the party with facts and law.

    Done right, you have a real order with findings.

  • Sep 12th, 2021 @ 7:17am

    Re: Now in Texas

    Texas literally just passed a law basically doing the same thing

    Texas is behind the curve. In Florida, we not only had SB 2021-7072 enacted, but the law was already found unconstitutional. So Texas is going to have to do something big if it wants to catch up.

    And Brazil? They are obviously in the minor leagues.

  • Sep 12th, 2021 @ 1:40am

    (untitled comment)

    All of that very real anger felt by very real fans of GTA and all directed towards Take-Two is going to have some impact on the public's willingness to keep buying Take-Two games.

    Evidence, please!

  • Sep 11th, 2021 @ 5:46am

    Time to Stop Paying Extra Taxes

    going to get worse and worse as various laws around the world demand that "bad" information be removed quickly

    Only if one maintains offices in those places around the world. Generally the US is relatively safe for most of this stuff.

    If the video sharing service closes offices in India, it is no longer within the reach of Indian laws, even if it no longer has the opportunity to pay taxes to New Dehli. I suppose they could mail a check. Likewise for Brazil, Russia, Red China, Australia, and so many others of which we have read here in Techdirt.

    Note that some services cannot be safely had from US vendors. For instance DNS service ought to be purchased abroad, lest the US govt decide to seize or transfer your domain for saying disapproved things.

  • Sep 11th, 2021 @ 5:38am

    (untitled comment)

    Reporting can be criticism as well if it's not objectively neutral

    Even if it is objectively neutral, it can constitute criticism. Simply setting forth the numbers on my property tax notices is criticism of our profligate officials.

  • Sep 11th, 2021 @ 5:30am

    Re: This is a bigger mess than it seems at first.

    the restrictions of your home jurisdiction follow you

    Not generally. Federal things may follow because of the reach into international commerce, but state laws tend to stop at borders. And, within states, more local laws stop at their borders: a person who lives in a dry county is free to purchase and consume spirituous beverage in the next county over. Me may even be able to bring home a bottle.

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