Brian Fung | @[email protected]

Brian Fung | @[email protected] @b_fung

Having to literally re-litigate this stuff, poorly, in order to have a hope of reaching the fundamental question of whether Twitter has a First Amendment right to moderate its own platform does not offer reassurance in the 5th Circuit's ability to rule competently in this matter. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

And here is the exchange on whether Twitter is even a website at all, and if it is, whether it is covered by Section 230. This is insane. The fact that websites like Twitter *are* covered by 230 is the entire reason why there's a whole movement underway to change or repeal 230! https://t.co/oYsspPSWME — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

And here's the exchange on Verizon. As I understand it, the reason Verizon cannot do what Oldham is proposing — and yet Twitter can — is precisely because Verizon has common carrier obligations in its phone business (but not its broadband business!) and Twitter does not. https://t.co/1FCgKxFG5r — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

I'm going back through my audio recording to find some of these amazing exchanges. Here's one in which Judge Oldham needs to be reminded of the 1A limitations on government-compelled speech and also discovers the arbitrary power of private platforms. https://t.co/AqtyB5jaef — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

I'm going back through my audio recording to find some of these amazing exchanges. Here's one in which Judge Oldham needs to be reminded of the 1A limitations on government-compelled speech and also discovers the arbitrary power of private platforms. https://t.co/HJuLNmNEtd — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Whether Twitter's moderation activity is protected by the 1A is the basis for the injunction written by the lower court and that is being challenged before the appellate court. I am amazed that the appellate court barely touched on that question in 40 minutes of argument. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Only at the end of the hearing did one of the judges correctly observe that Section 230 is "irrelevant" to the question of whether Twitter is exercising a First Amendment right when it moderates content. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

On the Verizon point, there was a whole lot of yammering about past net neutrality litigation that should have produced an easy answer to this but somehow they never got there. The answer being, websites are not regarded as common carriers https://t.co/s5KvfvDtnP — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

The hearing has wrapped. It's obviously foolish to predict what the court will do but the questioning seemed to reveal a poor grasp of the basics underlying the case. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Another seemed surprised that Twitter could wake up one day and decide to ban all LGBT speech, and then asked why Verizon's phone business, a common carrier, can't decide to block individual phone calls based on the speech expressed in those calls. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

The same judge does not seem to recognize Twitter or Facebook as websites. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Listening to the oral arguments on Texas's social media law and ughhhhhhhhhhhhhhhhhh One of the judges just conflated "interactive computer service" with "internet provider" — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@sherrick399 @donie You can. Here is the amended complaint. https://t.co/te4qNaa6Zh — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Twitter has declined to comment on the suit's dismissal. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Judge Donato also dismissed for standing Trump's claim that Section 230 is unconstitutional. And he was unwilling to consider claims under Florida's social media law because it is already subject to an injunction. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Trump will have an opportunity to try again with an amended complaint but will not be permitted to add any new legal claims, the judge ruled. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Yeah, in a lot of ways this case is moot already. https://t.co/NTMXEj2tE2 — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Just in: A federal judge has thrown out Donald Trump's suit against Twitter seeking to have his account reinstated, holding that his First Amendment rights were not violated because Twitter was not acting as an agent of the government (among other things). https://t.co/G13rmEsvhA https://t.co/J5vesJK3jE — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

"Strange New Worlds" may be the best live-action Star Trek we've gotten in over a decade. Seventeen years, if you're counting. You might even say… It's been a long road — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Conservatives have long argued tech platforms are too eager to remove content, while liberals have said the opposite. But the leaked SCOTUS opinion could flip that around if red states pressure tech to remove abortion ads. Smart piece by @viaCristiano: https://t.co/JDZZmf2iQb — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Smalls met Biden today wearing his "Eat the Rich" jacket (photo distributed by the White House) https://t.co/F0SJGu9dSt — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Here's a really important piece about how Americans' vast digital footprints — search histories, location data, even period-tracking apps — could soon be used to enforce anti-abortion laws. From my colleagues Jennifer Korn and @claresduffy: https://t.co/aAJ6gxnEsv — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

And this didn't make it into the story but, Gates also joked: "I just need to know where everybody is, [it] gets me so excited ... to have that 5G tracker in everybody's arm." — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

One of the funnier things here is how Gates brings up the conspiracy theories *about him* "How does [Musk] feel about something that says vaccines kill people, or you know, that Bill Gates is tracking people — is that one of the things he thinks should be spread?" Gates asked. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Bill Gates expresses doubts about Elon Musk's Twitter buy, saying Musk "actually could make it worse" and adds that the leaked draft SCOTUS decision overturning Roe is "pretty disappointing" https://t.co/aqYIW91DKY — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Smalls appeared before Congress wearing a New York Yankees ballcap and a red-and-black letterman jacket with "Eat the Rich" stitched on it. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Later, Sen. Graham challenged Smalls on whether he availed himself of the existing legal process against Amazon. Smalls said NYAG filed a complaint on his behalf after he was fired. "There is a process that's not working," Smalls said. "That's your opinion," Graham replied. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

"I think it's in your best interest to realize that it's not a left or right thing," Smalls told Sen. Graham. "It's not a Democrat or Republican thing. It's a workers' issue ... you should listen because we do represent your constituents as well." — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

After Graham defended Amazon in opening remarks, blasting Sen. Sanders for holding a hearing for the "demonization" of an individual company, Smalls told Graham: "You forgot that the people are the ones who make these companies operate." — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

A series of remarkable exchanges this AM between Sen. Graham and Christian Smalls, the head of the Amazon Labor Union. — PolitiTweet.org